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SAMEEN KHAN versus HAJI MIR AZAD


West Pakistan Land Revenue Act 1967 Section 44 Limitation Act (IX of 1908), Articles 142 Special Relief Act (I of 1877), Sections 8 and 42, suit for title and declaration, in which two brothers owned property in equal shares in property. A brother had sold. Fifty years before the second brother's legal inheritance was filed, the second brother, who was in the interest of the plaintiffs, lived for thirty-six years after the sale of the suit property and confirmed his change of sale. Without realizing, either renting or producing property or he died of legal claimant's case fifteen years ago through this legal legacy and, before his death, sued the plaintiff in the interests of the plaintiffs. Did not resort to physical or legal proceedings. Neither a lawsuit was filed in interest, nor did his legal heir care to file a lawsuit for acquittal or possession, and he remained silent for twenty-eight years and did not permanently challenge the change of the revenue record. Since the date the plaintiffs have not been in their possession and have presented to the court challenging the entry of the Revenue Record after a delay of one hundred years, without having to prove their share of the dividend with the defendants / sellers. ? Article 142 of the Limitation Act 1908 was rightly rejected by the appellate court

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