Law: Specific Relief Act, 1877

Section: 8

Law: Limitation Act, 1908

Section: 144,142

Specific Relief Act (I of 1877)--- ----S. 8---Limitation Act (IX of 1908), Arts. 144 142---Suit for possession---Adverse possession---Limitation---Scope---Plaintiff filed suit for possession claiming therein that he was owner of the suit land whereas the defendants were in possession of the land as Ghair Moroosi---Trial Court decreed the suit and Appellate Court dismissed the appeal---Validity---Plaintiff had filed suit on the basis of title on the suit land, so the contention raised by defendant that Art. 142 of Limitation Act, 1908, was attracted, had no force---Article 142 of Limitation Act, 1908, was applicable where plaintiff being originally in possession of property was dispossessed or discontinued to be in possession, whereas, Art. 144 was attracted when suit for possession was based on the essence of title---Time limit for filing a suit as detailed in Art. 144 was twelve years and the same was to be reckoned from the date when possession of defendant became adverse to plaintiff---Possession of the defendants had become adverse to the plaintiff’s rights just one month ago---Courts below had accurately decided the issue of limitation---So far as contention of defendants that all the co-sharers were not impleaded was concerned, High Court observed that co-sharers were not necessary or proper party for the reason that nothing was claimed from the co-sharers---Appeal was dismissed. 2017 SCR 733; 2005 YLR 1096; 2012 MLD 86; 2012 YLR 818 and 1986 CLC 1301 distinguished. 2007 SCMR 1510 ref. ORDER CHAUDHARY KHALID RASHEED, JUSTICE:---.--- The captioned appeal has been filed against the judgment and decree recorded by the learned District Judge Kotli dated 22.07.2013, whereby, the judgment and decree passed by Civil Judge Court No.II Kotli dated 15.05.2012 was upheld. Detailed facts of the case are that Muzaffar Khan now survived by Mst. Nisbat Jan and others filed a suit for possession against appellants herein in the Court of Civil Judge Court No.II Kotli on 25.06.2008. It was averred that land comprising khasra No.123 measuring 6 kanal 11 marla situated in village Nain Sukh Tehsil Kotli is in the ownership of plaintiff and proforma defendants. It was further…

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