Mst. ERUM LATIF vs IMTIAZ KHAN Ss — 2023 CLC 252 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 252 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: Mst. ERUM LATIF vs IMTIAZ KHAN Ss
Subject matter: Civil

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

Mst. ERUM LATIF VS IMTIAZ KHAN Ss.39, 42 & 54---Suit for cancellation of document, declaration and injunction---Limitation---Fraud, knowledge of---Proof---Appellant / plaintiff sought cancellation of registered sale deed executed in favour of respondent / defendant on the plea that it was not executed by her mother and was a result of fraud---Suit was filed 23 years after registration of sale deed and that too after the death of mother of appellant / plaintiff---Validity---Mother of appellant / plaintiff sold the property during her lifetime, number of alienations took place thereafter which she never challenged despite having knowledge of the transactions---Mother of appellant / plaintiff was fully conscious that property was lawfully sold by her in favour of respondent / defendant who subsequently lawfully sold it in favour of other buyers thereafter---Appellant / plaintiff as an heir had no locus standi to file the suit as transactions and documents were not challenged by her mother during lifetime---Suit instituted after 23 years was time barred and that the yarn spun by appellant / plaintiff to lay explanation for late institution was proved to be false---Trial Court analyzed the evidence in proper perspective---High Court declined to interfere in judgment and decree passed by Trial Court as findings recorded did not suffer from misreading and non-reading of evidence or from any error of law or jurisdiction---Appeal was dismissed, in circumstances.

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