Citation Name: 2024 YLR 40 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. RESHAM BEGUM (deceased) vs KENTH Ss — 2024 YLR 40 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 40 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 40 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. RESHAM BEGUM (deceased) vs KENTH Ss
Subject matter: Criminal
Provisions referred to: S. 3---; S. 20; S. 21; Limitation Act (IX of 1908); Specific Relief Act (I of 1877)

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

Citation Name: 2024 YLR 40 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. RESHAM BEGUM (deceased) VS KENTH Ss. 20(b) & 21(b)---Limitation Act (IX of 1908), S. 3--- Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Limitation---Inheritance of tenancy rights---Mutation, assailing of---Predecessor-in-interest of petitioners/plaintiffs assailed mutations sanctioned in years 1935 and 1937 in favour of predecessor-in-interest of respondents / defendants--- Suit was decreed by Trial Court but Lower Appellate Court dismissed the suit for being barred by limitation---Validity---First mutation in question was sanctioned under S. 20(b) of Colonization of Government Lands (Punjab) Act, 1912, thereafter other mutation was sanctioned when mother of predecessor-in-interest of petitioners/ plaintiffs contracted second marriage in light of S. 21(b) of Colonization of Government Lands (Punjab) Act, 1912---Both the mutations were sanctioned in accordance with the law applicable upon the tenancy rights of father of predecessor-in-interest and the predecessor-in-interest of petitioners/ plaintiffs, was rightly excluded from the inheritance---Public interest required that there should be an end to the litigation---Whoever wished to dispute presumption of co-incidents of facts and right must do so within the period provided by law, otherwise, his right if any would be forfeited as a penalty for such neglect---Law required that persons aggrieved by any order of an authority must come to the Court and could take recourse to legal remedies with due diligence---High Court declined to interfere in judgment and decree passed by Lower Appellate Court---Revision was dismissed, in circumstances.

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