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Shaikh KHALID SAFDAR vs ALI HUSSAIN S — 2023 PLD 405 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PLD 405 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PLD
Parties
Shaikh KHALID SAFDAR vs ALI HUSSAIN S
Subject matter
Civil
Provisions referred to
S. 3; Civil Procedure Code (V 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

Shaikh KHALID SAFDAR VS ALI HUSSAIN S. 3 & art. 91---Civil Procedure Code (V of 1908), O.VII, R.11---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Rejecting of plaint---Gift deed, assailing of---Limitation---Plaintiffs assailed gift deed executed by defendant/husband in favour of defendant/wife---Defendant/wife claimed that suit property was gifted to her vide registered instrument of Gift dated 31-01-1996 by defendant/husband and sought rejection of plaint on the plea of limitation---Validity---It is not necessary that question of limitation can only be determined after a trial but if limitation issue can be decided by looking at undisputed facts and record, then no evidence is required and application under O. VII, R. 11 C.P.C., can be decided---all ingredients of a valid gift were present, as defendant/husband who was the exclusive owner as donor had gifted suit property, which gift was accepted by defendant/wife as donee and the transaction was witnessed by one of the plaintiffs---Possession was also handed over by defendant/husband as donor to defendant/wife as donee---If plaintiffs were allowed to reside in suit property with them, then exclusive possession of suit property could not be considered with defendants from the beginning---Instrument of gift deed was a valid gift and not a void one, therefore, question of limitation had arisen and provision of art. 91 of Limitation act, 1908, was applicable---Suit was not filed within three years from the registration of gift deed but was filed after around thirteen years, therefore, claim of plaintiffs was hopelessly time barred---Plaint was rejected, in circumstances.

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