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SHAHID vs Mst — 2024 YLR 1584 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 1584 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
SHAHID vs Mst
Subject matter
Criminal
Provisions referred to
Civil Procedure Code (V 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

SHAHID VS Mst. ZAINAB First Sched., art.120---Specific Relief act (I of 1877), Ss. 42 & 54--- Civil Procedure Code (V of 1908), O. VII, R. 11--- Suit for declaration and injunction---Rejection of plaint---Cause of action---Bar of limitation---Plaintiffs claimed to be owners of suit property and that predecessor-in-interest of defendants was a Benami owner---Validity---actual transaction took place in year 1992 when suit property was purchased in the names of predecessor-in-interest of parties who were wives of two business partners---Transaction was first time challenged by plaintiffs in that year 2018---It is also a common practice and custom of our society that a property is purchased in the name of wife merely to provide her a sense of security---Title of suit property was never questioned or title was never threatened even after passage of 15 (fifteen) years after the death of father of plaintiffs---Provision of art. 120 of Limitation act, 1908 started running from the date of death of father, that was, 04-09-2003 and not april, 2018---High Court rejected the suit as it was barred by Limitation act, 1908---application was allowed, in circum-stances.

Other judgments reported in 2024 YLR

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