Law: Land Acquisition Act, 1894

Section: 9,18,20

Law: Limitation Act, 1908

Section: 17

Land Acquisition Act (I of 1894)--- ----Ss.9, 18 20---Limitation Act (IX of 1908), Art. 17---Suit for possession and recovery of mesne profit---Petitioners claimed that suit property was in his ownership; that only a portion (16 marlas) had been acquired by respondents; that another portion of their property was mortgaged with Bank but after recent redemption of the same portion, petitioners came to know that such portion was illegally occupied by the respondents---Suit was concurrently dismissed---Validity---Disputed portion of property was included in notification issued under the Land Acquisition Act, 1894 for the College of the University---Petitioners had not filed objection petition at the relevant time against the said acquisition before Collector Land Acquisition---Respondents acquired the subject property in 1957 after observing all legal requirements and were using the same since said acquisition---Petitioners brought the suit for possession after more than lapse of 40 years, thus the suit was barred by time---Revision petition was dismissed accord-ingly. JUDGMENT ABDUL SHAKOOR, J.---Through the instant petition, the present petitioners, who are the judgment debtors in case titled Mst. Tajrian and others v. Secretary Ministry of Agriculture and Forest and 3 others, have called into question the concurrent findings of both the Courts below, whereby their suit has been dismissed concurrently. 2. Facts of the case are that the present petitioners filed a suit bearing No.374/1 on 30.11.2004 against respondents seeking possession of the suit property as well as recovery of Rs.20,000/- as mense profit. It has further been averred in the plaint that suit property is the owner ship of the petitioners/plaintiffs and respondents/ defendants had only acquired an area of 16 marlas from the said property which was divided into khasras Nos.2859/1 and 2859/2. It has further been alleged in the plaint that in the former khasra ownership of the petitioners was intact which was mortgaged with Habib Bank Limited but after recent redemption of stated khasra from bank, it came to their knowledge that the respondents had illegally occupied the same. The suit was contested…

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