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Civil Appeal No. 50 of 1980, decided on 17th June, 1981.
----Alienation‑--Muslim Law, de facto guardian of a minor, held, not competent to alienate property of minor even for necessity‑ Such a transfer held further, ab initio void and transfers no title to transferee.
PLD198lAzadJ&K33ref.
‑‑‑ Ss. 6 & 8‑Limitation‑‑Combined effect of Ss. 6 & 8 of Act: period of limitation expiring more than. 3 years after cessation‑ of disability, plaintiff not entitled to any extension whatsoever and be must sue within ordinary period of limitation computed from starting point of limitation‑Where, however, at time of cessation of disability, remaining period of limitation less than 3 years, plaintiff, held entitled to sue within 3 years from date of cessation of disability. [Interpretation of statutes].
----Arts. 44 & 91‑Neither Art. 44 nor Art. 91 of Act, held, appli cable to cases for recovery of possession by person whose property transferred by a de facto guardian.
A I R 1915 Nag. 53; A I R 1929 All. 879; A I R 1931 Mad. 597; A I R 1936 Mad. 884; A I R 1943 Cal. 203; A I R 1954 Hyd. 44; P L D 1952 Dacca 347 and P L D 1953 B J 1 ref.
‑‑‑ Art. 44‑Minor, held, entitled to bring suit for recovery of posses sion within 12 years from date when possession of transferee becomes adverse or within 3 years after attaining majority.
------Art. 44‑Possession under a void deed, held, adverse to owner.
Sardar Khan for Appellant.
Sayab Khalid for Respondents.
Date of institution : 5th August, 1980.
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