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UMAR FAROOQ vs PROVINCE OF PUNJAB First Sched — 2026 CLC 188 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 CLC 188 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
CLC
Parties
UMAR FAROOQ vs PROVINCE OF PUNJAB First Sched
Subject matter
Criminal

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

UMAR FAROOQ VS PROVINCE OF PUNJAB First Sched., art. 120---Specific Relief act (I of 1877), Ss. 8, 39, 42 & 54---Transactions of mutations---Filing of suit for declaration, cancellation, possession and permanent injunction after 36/40 years---Delay in challenging the transactions/mutations---Plea of knowledge about mutations four months prior to filing the suit---Failure of the appellants to prove such plea---Effect---Dismissal of suit---Validity---all the transactions/mutations, though duly entered in the revenue record from 1971 till the filing of the suit, were not timely challenged---Predecessor of the plaintiffs had been alive for number of years but they did not challenge the transactions particularly mutations in respect of which the suit was filed by the appellants in the year 2020---Under art. 120 of the Limitation act, 1908, (act) a suit to challenge the mutation can be filed within six years from the date of attestation of mutation while the appellants filed the suit after more than 36/40 years from the date of mutations which on the face of it was barred by time---Plea of the appellants that they allegedly acquired knowledge of the mutations under challenge four months before the filing of the suit, the same was belied by the evidence on record---It was evident from the record beyond any doubt that appellants and their predecessors had the knowledge of transactions and mutations right from the beginning but filed the suit after 36/40 years, thus, hadfailed to file suit within six years in terms of art. 120 of the act, therefore, the suit was hopelessly barred by time---appeal was dismissed, in circumstances.

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