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Sultan Ahmed Hassan vs T & T Employees Cooperative Housing Society Ss — 2024 MLD 1897 ISLAMABAD

Case information

Citation
2024 MLD 1897 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
MLD
Parties
Sultan Ahmed Hassan vs T & T Employees Cooperative Housing Society Ss
Subject matter
Criminal
Provisions referred to
S. 9; S. 8; Limitation Act (IX of 1908); Specific Relief Act; Limitation 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

Sultan Ahmed Hassan VS T & T Employees Cooperative Housing Society Ss. 8, 9 & 42---Limitation Act (IX of 1908), First Sched., Arts. 3 & 142---Suit for recovery of possession---Limitation---Respondent/ defendant did not deny title of appellants/ plaintiffs to suit plots--- Trial Court dismissed the suit for not seeking recovery of possession under S.9 of Specific Relief Act, 1877, for which limitation was six months only---Validity---Appellants / plaintiffs were not required to seek any declaration as to their title---Claim of appellants / plaintiffs was based on their title to suit plots and not simply prior possession which they had been deprived of---Trial Court erred in concluding that suit filed by appellants/ plaintiffs was a suit under S.9 of Specific Relief Act, 1877, and was governed by Art. 3 of Limitation Act, 1908, where under limitation was six months and the suit was time barred---It was a suit under S.8 of Specific Relief Act, 1877, and applicable period of limitation was 12 years as provided under Art. 142 of Limitation Act, 1908---Suit was maintainable, in circumstances.

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