GHAZI KHAN vs MUHAMMAD YOUSAF S — 2023 CLC 2098 QUETTA-HIGH-COURT-BALOCHISTAN

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GHAZI KHAN VS MUHAMMAD YOUSAF S. 18 & art. 120---Specific Relief act (I of 1877), Ss. 42, 39 & 54---Suit for declaration, cancellation of agreement, permanent injunction---Document, execution of---Proof---Limitation---Claim of the plaintiff was that he rented-out his allotted suit-shop to a defendant (possessor) who had connived with another defendant who (later) claimed himself as vendee by preparing forged document (Patta) allegedly issued by the concerned authority/defendant)---Contention of the defendants/respondents was that the suit filed by the petitioner / plaintiff was time-barred---Validity---Contention of the respondents /defendants was of no legal force as in the relevant para of plaint of the petitioner / plaintiff , he averred that 03/04 months prior to institution of suit, he came to know that the respondent/defendant was trying to occupy his shop and on inspection of the record, forged document was revealed to him---Petitioner had sought declaration of the forged-document (which was later duly exhibited by the respondent / defendant )---article 120 of Schedule-I of the Limitation act, 1908 prescribed six years time limitation for instituting a suit for declaration that a document was void or fraudulent---Trial Court without framing issue on question of limitation, for the first time, held in the impugned judgment that the suit was barred by time---Respondent/authority had transferred the lease of suit-shop to the respondent at his (petitioner's) back, therefore, such transfer being void ab initio was governed by art.120 of the Limitation act, 1908---Limitation for declaring a document to be void started from the date of knowledge in view of section 18 of Limitation act, 1908---Both the Courts below had overlooked said aspect of the case---High Court set-aside the decrees and judgments passed by both the Courts below and decreed the suit filed by the petitioner / plaintiff, declaring that agreement to sell asserted by the respondent/defendants was forged one---Revision was allowed, in circumstances.

GHAZI KHAN vs MUHAMMAD YOUSAF S — 2023 CLC 2098 QUETTA-HIGH-COURT-BALOCHISTAN

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