Law:

Section:

Specific Relief Act (I of 1877)--- -- S. 9--Suit for possession---Plaintiff's title to shop in dispute amply proved by document issued by Settlement authorities in your of a person subsequently transferring property to plaintiff registered sale-deed-Shop having been evacuee property no question could arise of acquisition of prescriptive title of petitioner by adverse possession-Time could not run against Custodian, Evacuee Property, by virtue of provisions contained in evacuee laws-Plaintiff's contention of having been wrongly dispossessed tinder colour of a warrant of possession obtained by petitioner in respect of adjoining shop not rebutted-Plaintiffs suit for possession, held, rightly decreed. ORDER ANWARUL HAQ, J.--The dispute in this case concerns shop bearing No. C. 210 situate in a place called Tall in the Kohat District. It was apparently an evacuee building site at one stage and was transferred to respondent No. 4, Wahabuddin on 9-6-65. Thereafter, it was purchased by respondent Ajab Khan under a registered sale deed executed on the 30th of October 1972 and registered on the 7th of November 1972. On 1-11-1973, respondent Ajab Khan filed a suit for the possession of this shop, alleging that he had been wrongly dispossessed there from by the present petitioner Aziz Khan in execution of a warrant of possession obtained by him from the Rent Controller in respect of the adjoining shop bearing No. C-209 which was at that tine occupied by the plaintiff's son Ghafoor Khan (respondent No. 2). The suit was resisted by the petitioner mainly on the ground that he had matured his title to this property through adverse possession for over twelve years, He also contended that he bad made certain improvements in this property. The pleas raised by the petitioner were negatived by the trial Court by its judgment dated the 19th of March 1974, and the respondent's suit was decreed. The…

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