| Citation(s) |
|---|
| 2004 SLG 2808 2004 SLD 2808 2004 PLD 59 |
Supreme Court of Pakistan
Civil Appeal No. 1526 of 1999, decided on 11th September, 2003.
SH. RIAZ AHMAD, C.J, QAZI MUHAMMAD FAROOQ AND ABDUL HAMEED DOGAR, JJ
Sh. Wazir Muhammad, Advocate Supreme Court and Fateh Muhammad Khan, Advocate-on-Record for Appellants. Muhammad Akram Sheikh, Senior Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for
Respondents.
Civil Appeal No. 1526 of 1999, decided on 11th September, 2003.
SH. RIAZ AHMAD, C.J, QAZI MUHAMMAD FAROOQ AND ABDUL HAMEED DOGAR, JJ
Sh. Wazir Muhammad, Advocate Supreme Court and Fateh Muhammad Khan, Advocate-on-Record for Appellants. Muhammad Akram Sheikh, Senior Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for
Respondents.
DILAWAR SHAH and others
VS
JANNAT GUL through Legal Heirs
Law:
Section:
(a) Adverse possession----- ----Whenever, in a case involving the plea of adverse possession, there is a conflict between the entries in the column of cultivation and the column of Lagan and there is no independent evidence to substantiate the plea of adverse possession, the entries in the column of cultivation are to be given preference over the entries in the column of Lagan---Principles. An entry in the column of Lagan would not be preferred over an entry in the column of possession/cultivation, or for that matter the column of ownership and the party relying on the column of Lagan' as against the cultivation column would be entitled to produce evidence independent of the entry itself to show that the entry in the column of Lagan had a separate contemporaneous support from other reliable evidence, which of course, together with the disputed entries, would have to be put in juxtaposition to the entry in column of cultivation. Entries in the Revenue Record of "Bila Lagan Ba Tasawar Malkiyat" in favour of a party only would not make a case of adverse possession in his favour. Entry of "Bila Lagan" in column of rent of Record of Rights, if irreconcilable with entry of column of cultivation, would not be of any help to those recorded in column of cultivation as tenants. In the present case there was no independent evidence on record to augment the odd entries in the column of Lagan and the concurrent findings of fact recorded by the lower Courts were not only based on incorrect and improper appreciation of the entries of the Revenue Record but were also against the law laid down by Supreme Court, therefore, the High Court had rightly resolved the controversy in favour of the respondents. Whenever in a case involving the plea of adverse possession there is a conflict between the entries in the column of cultivation and the column of Lagan and there is no independent evidence to substantiate the plea of adverse possession the entries in the column of cultivation are to be given preference over the entries in the column of Lagan. Tehmas and 16 others v. Dawar Khan PLD 1990 SC 629; Ali Akbar and others v. Malook and others 1991 SCMR 829 and Hakeem Shah v. Sawab Khan…
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