Law:

Section:

Civil Procedure Code (V of 1908)-------O. XX, R. 5---Decision on each issue---Trial Court passed decree for possession but same was set aside by the Appellate Court and decree for possession was passed in favour of defendants---Validity---Conclusion made by the Appellate Court was based on surmises and conjectures---Impugned order passed by the Appellate Court was set aside and case was remanded to the said court for decision afresh after appreciating the evidence of the parties issuewise---Appeal was accepted in circumstances. ORDER SARDAR ABDUL HAMEED KHAN, J.---This appeal has been filed against the judgment and decree passed by the learned Additional District Judge, Kahuta Haveli camp Dhirkot dated 29-5-2002 whereby judgment and decree passed by the learned Civil Judge, Dhirkot on 30-9-2000 has been recalled. Precise facts of the captioned appeal are that Dahawar Khan, predecessor of appellants, herein, filed a suit on 17-8-1987 that land measuring 10 kanal 3 marlas situated in Village Chirian is in his ownership. It is claimed that they are in possession of the land from their forefathers. The suit was contested by the other side by filing written statement. The learned trial Court framed issues in light of the pleadings of the parties and the parties were allowed to lead evidence pro and contra. At the conclusion of the proceedings, the learned Civil Judge, Dhirkot decreed the suit in favour of Dahawar Khan. Saif Ali Khan and others defendants/respondents, herein felt aggrieved from the judgment recorded by the Civil Judge, Dhirkot and filed an appeal before the Additional District Judge, Dhirkot. After hearing the parties, the learned Additional District Judge vide judgment and decree dated 29-5-2002 dismissed the suit of the appellants and granted decree in favour of Saif Ali Khan and other respondents, hence, this second appeal. Sardar Atta Elahi Abbasi, the learned Advocate appearing for the appellants argued that the Civil Judge passed a decree of adverse possession in favour of appellants, herein vide his order dated 30-9-2000 whereas the learned Additional District Judge, set aside the judgment of the learned Civil Judge and passed the decree for…

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