MUHAMMAD IKRAM vs FAZAL-UR-REHMAN Ss — 2026 YLR 1 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 YLR 1 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: YLR
Parties: MUHAMMAD IKRAM vs FAZAL-UR-REHMAN Ss
Subject matter: Civil
Provisions referred to: S. 5---C; S. 115---S; Limitation Act (IX of 1908); 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

MUHAMMAD IKRAM VS FAZAL-UR-REHMAN Ss. 42 & 54---Limitation Act (IX of 1908), S. 5---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and injunction---Limitation---Condonation of delay---Time barred civil revision application filed during pendency of another application filed within time--- Suit was filed by respondents/plaintiffs assailing mutation containing names of petitioners/defendants as owners of suit land--- Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of respondents/plaintiffs--- Two revision applications were filed against same judgment, one was within time while the other was barred by limitation--- Held: Respondents/plaintiffs had been in possession of property since long and their possession was never disturbed in any manner--- There had not been any actual denial of their rights except through mutation in question--- One of the mutations was attested on 28-06-1997 while the other mutation had been attested on 25-05-1998--- Suit instituted on 23-09-2000 was within six years of attestation of mutation when actual denial of right took place--- Delay in limitation in filing of other revision application was condoned as the other application filed against same judgment was filed within time and was also sought to be disposed of through single judgment--- High Court declined to interfere in judgment and decree passed by Lower Appellate Court in favour of respondents/plaintiffs--- Revision was dismissed in circumstances.

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