By now, it is settled that when the main relief of declaration of ownership is barred by time, the consequential reliefs, even if within time, would be of no legal avail.

A co-owner of the joint property who, despite possessing knowledge of an “actual denial of his right”, refrains from challenging the said invasion of his right within the stipulated period of limitation, is denuded of the right to challenge the same. Similarly, in cases of joint property, where the third party interest is created and reflected in subsequent revenue records (Jamabandi) , the same would not give rise to a renewed cause of action since it amounts to the actual denial of his right.

CIVIL APPEAL NO.43-Q OF 2018
Ghulam Mustafa vs Mst. Mah Begum and others.
Date of Hearing: 24-01-2024