Laches & Inheritance

 

  Doctrine, Laches. 

          2020 M L D 1211

            [Lahore (Multan Bench)]

a) Inheritance----

-Laches, doctrine of---Applicability---Contention of plaintiffs was that their predecessor-in-interest had been deprived from inheritance ---Suit was decreed concurrently---Validity---Predecessor-in-interest of plaintiffs remained alive for more than twenty five years but she did not initiate any legal proceedings to seek her inherited estate---Law aids the vigilant and not the indolent---Doctrine of laches was applicable in the present case---Plaintiffs had lost enforcement of their right due to lapse of ninety three years and a number of mutations had been attested ever since---Limitation could be ignored when matter was with regard to inheritance---Party should have approached the Court and take recourse to legal remedies with due diligence---When suit had been filed by legal heirs of the right-holder after his/her death then law of limitation would apply---Impugned judgments and decrees passed by the Courts below were set aside and suit was dismissed---Revision was allowed, in circumstances.

       Atta Muhammad v. Maula Bakhsh and others 2007 SCMR 1446; Muhammad Rustam and another v. Mst. Makhan Jan and others 2013 SCMR 299; Noor Din and another v. Additional District Judge, Lahore and others 2014 SCMR 513; Ghulam Ali and 2 others v. Mst.Ghulam Sarwar Naqvi PLD 1990 SC 1; Arshad Khan v. Mst. Resham Jan and others 2005 SCMR 1859; Mahmood Shah v. Syed Khalid Hussain Shah and others 2015 SCMR 869; Mst. Shehla Naz through Special Attorney v. Jawaid and 2 others 2010 CLC 1086 and Bashir Ahmad Khan and others v. Ghulam Sadar-ud-Din Khan and others 2012 CLC 699 ref.

       Aftab Iqbal Khan Khichi and another v. Messrs United Distributers Pakistan Ltd. Karachi 1999 SCMR 1326; Nazakat Ali v. WAPDA through Manager and others 2004 SCMR 145; S.M. Afzal ul Rehman v. Federation of Pakistan and others 2005 SCMR 1322; Lahore Development Authority v. Mst. Sharifan Bibi and another PLD 2010 SC 705; Ahmad Din v. Muhammad Shafi and others PLD 1971 SC 762; Luqman and others v. Gul Muhammad 1984 SCMR 63; Mst. Phaphan through L.Rs. v. Muhammad Bakhsh and others 2005 SCMR 1278; Muhammad Rustam and another v. Mst. Makhan Jan and others 2013 SCMR 299; Shero v. Muhammad Ramzan and 2 others 2006 YLR 2632; Nasrullah Khan and 4 others v. Nazir Begum and others 2012 YLR 2613; Shah Jahan v. Mst. Sadu Bibi 2016; YLR Note 6; Bagh Ali v. Ahmad Yar and others 2016 CLC Note 76; Atta Muhammad through L.Rs. and others v. Muhammad Khan and others 2018 MLD 1524 and Kausar Ali and another v. Javed Anjum and 6 others 2018 CLC 1930 rel.

(b) Administration of justice---

   * Law aids the vigilant and not the indolent.

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                2014 SCMR 801 

challenge of Inheritance by sister after 50 years

Sister filing suit challenging said mutation after a laps of 50 years-- Limitation--Through inheritance brother became owner of 2/3rd of the property, while sister became 1/3rd of the property by the operation of law and not by any mutation. Mutation was meant to record legal entitlement of the brother and sister. If the mutation was erroneously made in favor of the brother (only) , such mutation would not create title of the brother (only), such mutation would not create title in favor of the brother in accordance with the law . Suit filed by the sister is not time barred.

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: Muhammad Shamim through Legal Heirs vs. Mst. Nisar Fatima through Legal Heirsand others 2010 SCMR 18, Noor Muhammad (decd.) through L.Rs vs. Jan Muhammad (deceased) through L.Rs etc PLJ 2015 SC 831

No question of limitation arises in cases of inheritance.

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: Question of limitation in a suit is not merely a technicality. it must be decided in accordance with law and also applies on the cases of inheritance.

2015 P.L.D S.C P-212

2013 P.L.D S.C P-392

2011 S.C.M.R P-8

2006 S.C.M.R P- 783