Mst. TAHIRA SAMINA vs JAVED SAEED TARIQ Ss — 2024 SCMR 24 SUPREME-COURT

Case information

Citation: 2024 SCMR 24 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: Mst. TAHIRA SAMINA vs JAVED SAEED TARIQ Ss
Subject matter: Criminal
Provisions referred to: S. 3---G; Limitation Act (IX of 1908)

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. TAHIRA SAMINA VS JAVED SAEED TARIQ Ss. 39, 42, 54 & 55---Limitation Act (IX of 1908), S. 3---Gift deed---Suit for declaration, cancellation and permanent and mandatory injunction challenging the gift deed---Limitation---Cause of action, accrual of---Plaintiff filed his suit to challenge the gift deed 20 years after its registration---Admittedly just before filing of the suit the defendant got entered the mutation of gift in his name, on the basis of said impugned gift in the Cantonment record which gave cause of action to the plaintiff---Stance of the plaintiff in this situation is correct and covered the point of limitation when gift deed was first time used against him which gave him the cause of action---Petitions for leave to appeal were converted into appeals and allowed and suit filed by the plaintiff was decreed.

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