Mst. Munawar Jan vs Mst — 2025 MLD 87 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 87 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Mst. Munawar Jan vs Mst
Subject matter: Criminal
Provisions referred to: S. 18; S. 42---G

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. Munawar Jan VS Mst. Safaidan S.18 & First Sched, art.120---Specific Relief act (I of 1877), S.42---Gift mutation---Suit for declaration challenging gift mutation on the ground of fraud---Limitation period, commencement of---Scope---Section 42 of the Specific Relief act, 1877, (act) ordains that any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled---Right to sue accrues to a person against the other for declaration of his right, as to any property, when the latter denies or is interested to deny his such right---In the present case limitation started running from the date of knowledge of the donor and not the petitioners---Petitioners nowhere in their plaint asserted that their father or the grandfather (donor), who both remained alive for a considerable time after the sanctioning of gift mutation, were not aware of the same, thus, could not challenge it during their lifetime---after the incorporation of suit land in his name in furtherance of gift mutation the donee transferred part of the suit land in favour of the respondents through two mutations in the year 1981, thus, petitioners were well aware of the gift mutation right from its inception but they brought their suit in 2003, which was clearly barred by time---Civil revision was dismissed, in circumstances.

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