Haji AKBAR vs JEHANGIR S — 2024 CLC 890 PESHAWAR-HIGH-COURT

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Haji AKBAR VS JEHANGIR S. 18 & art. 120---Specific Relief act (I of 1877), Ss. 42, 12 & 54---Suit for declaration, possession and permanent injunction---Property owned by a minor---Sale-mutation regarding such property, challenging of---Limitation---Claim of the plaintiffs was that sale mutation -in-question qua their predecessor-in-interest was illegal for having been attested at the time when he (the predecessor-in-interest) was minor---Suit was concurrently dismissed---Validity---a person who is aggrieved from any transaction, which is made during his minority can challenge it within three years after getting the age of majority---However , in the present case, predecessor-in-interest of the petitioners/plaintiffs died way back in the year 1988 but he did not challenge the sale mutation-in-question in his life time before any competent Court of Law, despite having full knowledge of the same, therefore, his legal heirs were precluded to challenge its validity after his death as it is settled that the legal heirs cannot challenge the validity of a mutation , which was not questioned by their predecessor-in-interest in his / her life time---More so, the inheritance mutation of the said predecessor-in-interest was attested in favour of his legal heirs (petitioners/plaintiffs) way back in the year 1991, but even after the said date, the petitioners remained silent for long 18 years in filing civil suit, challenging therein the sale-mutation having been attested in the year 1929, which was hopelessly time-barred---No illegality or infirmity had been noticed in the impugned judgments passed by both the Courts below while non-suiting the petitioners/plaintiffs---Revision filed by the plaintiffs was dismissed, in circumstances.

Haji AKBAR vs JEHANGIR S — 2024 CLC 890 PESHAWAR-HIGH-COURT

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