KHADIM HUSSAIN RAJPAR vs MUHAMMAD IBRAHIM RAJPAR S — 2024 CLC 215 KARACHI-HIGH-COURT-SINDH

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KHADIM HUSSAIN RAJPAR VS MUHAMMAD IBRAHIM RAJPAR S. 14 & Preamble---Colonization of Government Lands (Sindh) Act (V of 1912), S.19---Specific Relief Act (I of 877), Ss.42 & 39---Suit for declaration and cancellation of mutation transferring rights of occupancy---Sale-agreement between the allottee/tenant and the (proposed) buyer---Limitation---Cause of action---Scope---Both the parties instituted their respective suits, which litigation resulted in decreeing the suit of the respondents and dismissing the suit of the petitioners on the point of limitation---Suit-land was allotted ,as a tenant, to petitioners' father, the brother of father of respondents ('the predecessor') under the Colonization of Government Lands Act, 1912 ("the Act 1912")---Claim of the respondents was that the predecessor had sold the property to their father (brother of the predecessor) by way of an oral sale by appearing before the concerned Mukhtiarkar---Validity---Any cause of action for the petitioners could only have accrued from the date when finally, the matter of they being legal heirs of the predecessor was decided---It was immaterial that as to when the oral sale had taken place---From day one, the claim of the petitioners as being legal heirs of the predecessor had been continuously denied; rather the father of respondents even filed a suit seeking such declaration and ultimately lost his claim up to the level of the Supreme Court---It was only thereafter that the petitioners kept on searching about the properties of their father and as soon as they were issued a T.O. Form by the Colonization Officer in 1995, they initiated proceedings and were even successful up to the level of Member, Board of Revenue, in the year 2001---Present suit filed by the petitioners in 2001 was within limitation and could not have been non-suited as held by the Courts below--Even otherwise, if the petitioners had approached the Court belatedly, the time consumed by them before the Colonization Officer and the Revenue Authorities could be looked into and benefit of S. 14 of the Limitation Act ought to have been granted; therefore, High Court held that the Suit was within limitation---High Court set aside impugned judgments and decrees passed by both the Courts below and declared the suit filed by the petitioners decreed---Revision was allowed, in circumstances.

KHADIM HUSSAIN RAJPAR vs MUHAMMAD IBRAHIM RAJPAR S — 2024 CLC 215 KARACHI-HIGH-COURT-SINDH

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