Law:

Section:

(a) Limitation Act (IX of 1908)-- Art. 144 & Civil Procedure Code (V of 1908), S. 115Adverse possession LimitationSecond appealDocuments relied upon by appellantsNot taking back their possession to crucial date-­Possession indicated by documents falling considerably short of prescribed period of 12 yearsFailure of first appellate Court to examine such aspect of matter, rendered his findings vitiated and not binding on High Court in second appeal. (b) Limitation Act (IX of 1908)-- Art. 144Adverse possessionAppellant's claim of exclusive and hostile possession Not supported by documentary evidence-­-Respondents shown to have applied for partition of their share of land and to have filed suit for rendition of accountsBoth matters pending although proceedings stayedSuch proceedings, held, amounted to assertion of right of ownership by -Respondents and repudiation of any adverse interest as may have been acquired or asserted by appellantsAppellants' possession, held, not matured into prescriptive title. JUDGMENT ANWARUL HAQ, J. This appeal, on a certificate of fitness granted by the High Court, has arisen out of a suit filed by the appellants for a declaration to the effect that they had acquired title to the disputed properties by adverse possession for over 12 years. The suit was dismissed by the trial Court on 26365, but this decree was reversed in first appeal by the learned Additional District Judge, Lyallpur, on 29766, and the suit was decreed. Accepting the second appeal filed by the defendants, the High Court has dismissed the suit by its judgment dated the 12th of September 1969. The following pedigreetable will assist in understanding the relationship between the parties:---- Jamal Din I --------------------------------------------------------------------------- I I I Ali Bakhsh Rahmat Bibi Amir Bibi (Predeceased son) (daughter) (daughter) I ---------------------------------------------------------- I I I Abdul Majid Abdul Hamid Rehmat Bibi (son) (son) (widow) Jamal Din died on 7748 leaving behind substantial areas of agricultural land as well as a residential Ahata in Chak No. 192, R. B., Tehsil and District Lyallpur. On the 21st of July 1948,…

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