Law:

Section:

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, dated the 29th April 1969, in Regular Second Appeals Nos. 167, 168 and 1969 of 1963). Adverse possession-Mutation proceedings-Board of Revenue holding transaction of sale to be treated as usufructuary mortgage for 20 years-Petitioners also being co-sharers in suit property, could not, in circumstances, acquire any title by adverse possession. Date of hearing : 24th April 1970. ORDER WAHIDUDDIN AHMAD, J.-Petitioners were owners of Khasra Nos. 4902, 4905, 4906, 4909 and 4674, situated in village Hazar Khani, Tehsil Peshawar. By sale deed dated the 23rd November 1942, registered on the 18th June 1943, the respondent-firm purchased half share in the said land measuring 20 kanals, 4 marlas for a sum of Rs. 3,000. On the 24th April 1944, mutation was sanctioned but on the 22nd November 1944 the above mutation was cancelled on the ground that the vendees were not the members of the agricultural tribe. Two pre-emption suits were instituted ; one by Mst. Bibi Gula and the other by Mst. Tajwar Sultan against the said sale. On the 9th September 1948, both the suits were dismissed in revision by the Court of learned Judicial Commissioner on the ground that the vendees were non-agriculturalist. The suit of Mst. Bibi Gula was dismissed under sections 14 and 24 of the Punjab Pre-emption Act, while the suit of the other party was dismissed under section 24 of the said Act. After the amendment of section 4 of the Punjab Alienation of Land Act, the respondents again submitted an application for the fresh entry of mutation in their favour. This mutation was entered by the village Patwari as mutation No. 2845 on the 15th December 1950, but it was rejected by the Revenue Officer on the 14th May 1955 on the ground that the amendment did riot have retrospective effect. Appeal against this order to the Collector, Peshawar, was dismissed on the 14th July 1956. On the 15th February 1957, the Additional Commissioner (Revenue), dismissed the revision against the above mentioned order of the Collector. On the 4th February 1959, further revision was lodged before the Board of Revenue, West Pakistan,…