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Civil Petition for Special Leave to Appeal No. 382 of 1977, decided on 16th February, 1985.
(Against the judgment of the Lahore High Court, Lahore, dated 8‑4‑1977, passed in R.S.A. No. 402 of 1975).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Limitation Act (IX of 1908), S. 3‑‑Limitation‑‑Suit challenging gift made by deceased in favour of his grandsons, dismissed as time‑barred‑‑Order upheld in second appeal‑‑Decision not being amenable to interference, petition dismissed.
Bashir Ahmad Alvi, Advocate Supreme Court for Petitioners.
S.M. Rashid, Advocate Supreme Court with M.A. Qureshi, Advocate‑on‑Record for Respondents.
Date of hearing: 16th February, 1985.
The petitioners seek leave to appeal against the order of the High Court, dated 8‑4‑1977, dismissing his R.S.A.
2. The facts, briefly, are that one Ghulam Ghaus (now deceased) had 7 sons. Out of his sons, Nazir died, Ghulam Ghaus made a gift of 1/7th share of his land in favour of 3 sons of Nazir (i.e. Muhammad Afzal, Muhammad Akram and Muhammad Ashraf), in August, 1960. Ghaus himself died on 11‑1‑1966 whereupon his remaining six sons as well as his above named 3 grandsons (respondents herein) inherited the remaining land as his heirs. The petitioners thereupon challenged the gift made by Ghulam Ghaus in favour of his grandsons (respondents 1 to 3 herein). The suit was dismissed by the learned trial Court as time‑barred. The petitioners then filed an appeal before the District Judge which, too, was dismissed on the same ground on 6‑6‑1975. Thereafter, the petitioners filed an R.S.A. before the High Court which, apart from other reasons, was also dismissed on the ground that the suit was barred by time.
Hence the present petition.
3. We have heard the learned counsel for the petitioners. He has not been able to show that the suit was not time‑barred.
The petition is, therefore, dismissed as having no merit.
M.I. Petition dismissed
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