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DILMURAD vs PROVINCE OF SINDH through Deputy Commissioner, Nawabshah Ss — 2023 CLC 1323 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 CLC 1323 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
CLC
Parties
DILMURAD vs PROVINCE OF SINDH through Deputy Commissioner, Nawabshah Ss
Subject matter
Civil
Provisions referred to
Limitation Act (IX of 1908); Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DILMURAD VS PROVINCE OF SINDH through Deputy Commissioner, Nawabshah Ss. 42, 39 & 54---Limitation Act (IX of 1908), Art. 91---Suit for declaration, cancellation and injunction---Limitation---Plaintiff's evidence qua date of knowledge remaining unrebutted---Effect---Sale deed executed and registered in the year 1997 was challenged by the plaintiff thirteen years later, and consequently, the suit was declared to be barred under Art. 91 of the Limitation Act, 1908---High Court observed that the lower courts, in their analysis, failed to acknowledge the plaintiff's pleadings and evidence concerning the date of his knowledge regarding defendant's claim of title over the suit property based on the disputed sale deed----Plaintiff had claimed that he became aware of the sale deed only a week prior to filing the suit, when defendant attempted to dispossess him from the property---Importantly, these facts presented by the plaintiff remained unchallenged and unrebutted---In given circumstances, there was no justifiable reason for the lower courts to doubt the plaintiff's credibility, particularly without discussing and recording the reasons for disbelieving him---Revision Application was allowed.

Other judgments reported in 2023 CLC

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