KISHANCHAND vs Syed MOHAMMAD ZULFIQAR NAQVI Ss — 2023 YLR 261 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 261 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: KISHANCHAND vs Syed MOHAMMAD ZULFIQAR NAQVI Ss
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

KISHANCHAND VS Syed MOHAMMAD ZULFIQAR NAQVI Ss. 42 & 8---Limitation Act (IX of 1908), Art. 120---Suit for declaration and possession---Limitation---Scope---Plaintiffs filed a suit for declaration, possession and mesne profits with a prayer that they were legal heirs of the owner of property and the defendant being in distress after his migration had obtained the property on rent but had subsequently got the suit property transferred in his name---Trial Court dismissed the suit whereas Appellate Court decreed the suit---Validity---Plaintiffs never had any title document in the name of their predecessor in interest---If the predecessor of plaintiffs had let out the property to the defendant then the proceedings were to be initiated under the law relating to landlord-tenant so as to seek ejectment of defendant---Suit was time barred as the pleadings suggested that the cause of action accrued in 1967 when the property was purportedly purchased by the predecessor of plaintiffs, whereas the suit was filed in 1992---Revision application was allowed, judgment passed by Appellate Court was set aside and that of Trial Court was maintained.

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