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GHULAM MUSTAFA vs Mst — 2024 SCMR 795 SUPREME-COURT

Case information

Citation
2024 SCMR 795 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
GHULAM MUSTAFA vs Mst
Subject matter
Criminal
Provisions referred to
S. 3---C; S. 42---L; S. 3; Limitation Act (IX of 1908); 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

GHULAM MUSTAFA VS Mst. MAH BEGUM S. 3---Co-owner---Denial of right in property---Limitation to challenge such denial---Co-owner of the joint property who, despite possessing knowledge of an "actual denial of his right", refrains from challenging the said invasion of his right within the stipulated period of limitation, is denuded of the right to challenge the same---Similarly, in cases of joint property, where the third party interest is created and reflected in subsequent revenue records (Jamabandi), the same would not give rise to a renewed cause of action since it amounts to the actual denial of his right. Citation Name: 2024 SCMR 795 SUPREME-COURTBookmark this Case GHULAM MUSTAFA VS Mst. MAH BEGUM S. 42---Limitation Act (IX of 1908), S. 3 & First Sched., Art. 120---Suit for declaration---Limitation---In the instant case, the impugned mutation regarding the disputed property was entered on 03.04.1984, which led the appellant to file the suit in 1998 seeking declaration of ownership, recovery of possession and permanent injunction---In the suit filed by the appellant, the reliefs for recovery of possession and permanent injunction are consequential ones, dependent on the main relief of declaration of ownership of the disputed property, which in the present case was filed after 14 years, and thus, goes clearly beyond the six-year period of limitation provided under Article 120 of the First Schedule to the Limitation Act, 1908---When the main relief of declaration of ownership is barred by time, the consequential reliefs, even if within time, would be of no legal avail---Appeal was dismissed.

Other judgments reported in 2024 SCMR

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