Mst. HAMEEDAN BIBI and others vs Ch. ATTA ULLAH — 1999 SCMR 2266

Citation: 1999 SCMR 2266

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-01

Parties: Mst. HAMEEDAN BIBI and others vs Ch. ATTA ULLAH

Headnotes

Case cited as 1999 SCMR 2266

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title: Mst. HAMEEDAN BIBI and others vs Ch. ATTA ULLAH Case No.: Civil Petition No,1312-L of 1997 Civil Revision No,2158 of 1989 Date of Judgment:1970-01-01 Reported As: 1999 SCMR 2266 Result: Petition dismissed JUDGMENT JUDGMENT ' IRSHAD HASAN KHAN, J.---Leave to appeal is sought against the judgment dated 25-9-1998 passed by Lahore High Court, Lahore in Civil Revision No,2158 of 1989. 2. Brief facts are that the respondent filed a suit for joint possession to the extent of one-third share in the suit land. The suit was decreed by the learned trial Court on 14-7-1987. The appeal filed against the said judgment and decree was dismissed on 30-9-1989 by the Lower Appellate Court. Same was the fate of the revision petition, which was dismissed by the impugned judgment, dated 25-9-1997. 3. The High Court was of the view that Article 120 of the Limitation Act was applicable, which provides a six years' period for filing a suit for declaration from the date when the right to sue accrues and in case where cancellation of a document is sought by a party or the persons claiming thereof, Article 91 would apply, which provides three year's for filing a suit from the date when such right accrues. 4. Learned counsel for the petitioners reiterated his submissions made before the High Court that Article 91 of the Limitation Act is applicable, inasmuch, the cause of action had accrued on 2-5- 1975 i.e, the date of death of Ibrahim, donor…

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