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

Case information

Citation
2024 CLC 215 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
KHADIM HUSSAIN RAJPAR vs MUHAMMAD IBRAHIM RAJPAR S
Subject matter
Civil
Provisions referred to
S. 19---L; S. 14; S. 115---S; Limitation Act (IX of 1908 ); Specific Relief Act ( I of 877); Civil Procedure Code (V of 1908); Government Lands Act

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

KHADIM HUSSAIN RAJPAR VS MUHAMMAD IBRAHIM RAJPAR S.19---Limitation Act (IX of 1908 ), S. 14 & preamble---Specific Relief Act ( I of 877) , Ss.42 & 39---Civil Procedure Code (V of 1908), S.115---Suit for declaration and cancellation of mutation transferring rights of occupancy---Revisional jurisdiction of the High Court---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, 1812 ("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---Perusal of the record revealed that both the Courts below had miserably failed to appreciate the evidence properly and it was a fit case of misreading and non-reading of evidence led by the parties, whereas, the Courts below were misdirected to hold that the suit of the petitioners was time barred; and such question of limitation went to the root cause and improper exercise of jurisdiction, and therefore required interference by the High Court while exercising its revisional jurisdiction---High Court set aside impugned judgments and decrees passed by both the Courts below and declared the suit filed by the petitioners as decreed---Revision was allowed, in circumstances.

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