MUHAMMAD AZEEM KHAN vs MUHAMMAD IMRAN KHAN Ss — 2024 CLC 1808 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD AZEEM KHAN VS MUHAMMAD IMRAN KHAN Ss. 39 & 42---Suit for declaration and cancellation of gift mutation---Fraud---Estoppel---Execution of gift mutation of entire estate by grandfather of the petitioners in favour of one son excluding his others sons---Locus standi of petitioners to file suit when their fathers, being the deprived sons, did not challenge the transaction in their lifetime and petitioners being legal heirs of the deprived sons also remained silent for a long time---Contention of the petitioners was that their grandfather had died before execution of the gift deed, therefore, their fathers were deprived fraudulently of their legacy---Validity---Fathers/predecessors of the petitioners were aware of the gift mutation in favour of their fourth brother but they did not challenge the same despite the fact that they remained alive for many years after the attestation of mutation---If a transaction was not challenged by the father in his lifetime despite having its knowledge, then his sons, after his death, will lack locus standi to challenge the same on behalf of their deprived father---Petitioners had not denied the knowledge of their fathers about the gift mutation---After the death of donee (benefited son) his legacy was transferred to his sons, which fact was also in the knowledge of the petitioners, but they remained silent for 34 years and filed the suit after a considerable long time, which not only constituted estoppel and waiver on the part of the petitioners, but also exposed them before law of limitation---A stale claim under the law of limitation cannot be enforced legally as the passage of time sets the law of limitation in operation and there can be no exception unless the relaxation is granted by the Limitation Act, 1908, by itself---Petitioners had failed to establish through evidence that the grand predecessor died prior to execution of the gift mutation---Petitioners of the instant petition were proforma defendants before the Trial Court and they were placed and proceeded against ex parte and after passing of the judgment and decree by the Trial Court they joined proceeding at appellate stage but did not file any appeal or application for setting aside decree, which was ex parte to their extent, before the Trial Court, which fact also estopped them to challenge the decree of Trial Court---Civil Revisions were dismissed accordingly.

MUHAMMAD AZEEM KHAN vs MUHAMMAD IMRAN KHAN Ss — 2024 CLC 1808 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 CLC