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JEEVANBAI NADIRSHAW GOLWALLA versus DARAB BURJORJI GOLWALLA


Article 127 Declares Enforcement of Enforcement of Sharing Rights in Shared Family Property, Permanent Order and Subscription to Accounts The plaintiff never receives any share of the proceeds of the alleged joint property even after the death of the plaintiff. Is considered to be a joint and a plaintiff. As an heir, the plaintiff is unable to show that his discharge from the joint estate was learned only after the plaintiff filed a lawsuit within 12 years, thereby preventing it. ?

981 C L C 503

[Karachi]

Before Saeed‑uz‑Zaman Siddiqui, J

JEEVANBAI NADIRSHAW GOLWALLA (REPRESENTED BY LEGAL

HEIRS)‑Plaintiff

versus

DARAB BURJORJI GOLWALLA AND 5 OTHERS‑Defendants

Suit No. 51 of 1967, decided on 10th November, 1980.

(a) Limitation Act (IX of 1908)‑

‑‑ Art. 127‑Limitation for enforcing right to share in joint family property‑Suit for declaration, permanent injunction and accounts Plaintiff never receiving any share out of income of deceased's allegedly joint property after his death‑Even assuming such property to be joint and plaintiff being entitled to a share as heir, plaintiff unable to show to have had knowledge of his exclusion from joint property only within 12 years of filing of suit‑Plaintiff's suit, held, barred by ‑limitation.

(b) Succession Act (XXXIX of 1925)‑

S. 212‑Right to property of intestate Parsi‑Suit by Parsi plaintiff for share in such property‑Just like suit for administration of property‑Suit, held, competent in absence of letters of administration in favour of plaintiff and not hit by S. 212.

R. J. E. Kaikobad for Plaintiff. Iqbal Kazi for Defendants.

Dates of hearing : 12th and 13th October, 1980.

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