Mst. IQBAL BIBI vs KAREEM HUSSAIN SHAH S — 2024 SCMR 1233 SUPREME-COURT

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Mst. IQBAL BIBI VS KAREEM HUSSAIN SHAH S. 42---Limitation Act (IX of 1908), S. 3 & First Sched., Art. 120---Suit for declaration---Limitation---Respondents (plaintiffs) questioned transactions made in 1990 by their father after a period of almost 13 years, 7 months, and 6 days; when admittedly the respondents, who reside in Malaysia, had visited Pakistan after 1990 a number of times---Thus, reliance of the respondents on the Power of Attorney given by them to one "IH" in 1998 when the mutation entries in the name of the present appellants (defendants) had already been made in the revenue records in the year 1990, in accordance with the Power of Attorney given by the respondents to "GS" ( the late father of the appellants), appeared to be wholly unwarranted and misconceived---It was also an undeniable position that "GS" passed away in the year 1993 whereas the mutation entries were made in the year 1990 and no effort was made by the late "GS"to challenge the mutation entries in his life time---Moreover, the statement of "IH" that he came to know about the mutation entries in the year 2004 also appeared to be misconceived as admittedly the Power of Attorney was given to him by the respondents, who live abroad, in the year 1998; and it was quite strange that ever since then he made no effort to verify the mutation entries and only came to know about the same in the year 2004 when he examined the revenue record---It was also beyond comprehension that for over a decade the respondents were not aware of an alleged fabricated Power of Attorney and then sought a declaration as owners of the subject Khasras---Hence, keeping in mind such aspects, the action taken by the respondents was hit by limitation, and no lease in this regard could be given to them and thus the matter was hopelessly time barred---Appellants were declared to be the owners of the subject Khasras---Appeal was allowed and the impugned judgement and decree was set aside.

Mst. IQBAL BIBI vs KAREEM HUSSAIN SHAH S — 2024 SCMR 1233 SUPREME-COURT

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