Mst. Bhalan vs Muhammad Asif Sakaria Ss — 2024 MLD 1160 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 1160 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Mst. Bhalan vs Muhammad Asif Sakaria Ss
Subject matter: Civil
Provisions referred to: S. 17---C; Registration Act (XVI of 1908); Civil Procedure Code (V of 1908); Registration 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

Mst. Bhalan VS Muhammad Asif Sakaria Ss.42 & 54---Registration Act (XVI of 1908), S. 17---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and injunction---Rejection of plaint---Bar of limitation---Registered document---Presumption of correctness---Appellants/ plaintiffs claimed to be owners of suit land and sought cancellation of sale deeds in favour of respondents / defendants---Judge in Chambers of High Court rejected the plaint as it was barred by time---Validity---Court could not read into the plaint what was not pleaded---If cause of action date was mentioned as 16-05-2003 and no one objected to it, then Court was to accept such date---Appellants/ plaintiffs in year 2016 sought cancellation of registered sale/ conveyance deeds dated 1992, 2005 and 2007---Judge in Chambers of High Court correctly applied law of limitation and rightly concluded that suit filed by appellants/ plaintiffs was time-barred---Onus was on appellants/ plaintiffs to show a prima facie case was made out based on plaint and documents filed in support thereof---Appellants/ plaintiffs were well aware of presumption of truth associated with a sale/conveyance deed that was duly registered under Registration Act, 1908---Appellants/ plaintiffs neither produced nor relied upon any document which prima facie could be deemed or interpreted to rebut such presumption---Such aspect of the matter did not help the cause of appellants/ plaintiffs---Division Bench of High Court declined to interfere in the order passed by Judge in Chambers of High Court, as it did not suffer from any illegality or material irregularity--- Appeal was dismissed, in circumstances.

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