Bibi ZULAHKHA (WIDOW) vs Mst — 2023 MLD 588 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 588 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: Bibi ZULAHKHA (WIDOW) vs Mst
Subject matter: Civil
Provisions referred to: Limitation Act (IX of 1908)

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

Bibi ZULAHKHA (WIDOW) VS Mst. NAIK MURGHA Ss. 42, 39 & 54---Limitation Act (IX of 1908), Art. 120---Suit for declaration, cancellation and permanent injunction---Limitation---Scope---Plaintiffs filed suit for declaration, cancellation of mutation entries and permanent injunction against the defendants in respect of suit property---Trial Court and Appellate Court concurrently dismissed the suit---Validity---Transfer mutation had been conducted in the year 1948---No evidence was produced by the plaintiffs to prove that the transfer mutation was prepared behind their back---Mere bald assertion could not be a ground to discard the document---Admittedly, the transfer mutation was in the knowledge of the predecessor of the plaintiffs---Plaintiffs had remained silent for approximately sixty years without any reason and justification---Burden of proof was on the plaintiffs to prove that their case was within limitation---Question of limitation could not be lightly ignored---Period provided for filing declaratory suit was six years---Judgments and decrees passed by the courts below were upheld---Revision petition was dismissed.

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