Law: Limitation Act (IX of 1908)

Section: 142

Adverse possession---None of several persons (claiming to be in adverse possession).found to be in continuous possession of any particular portion of disputed laud for any particular prescriptive period-Adverse possession of one person, in circumstance, could not be tacked to adverse possession of another for purpose of acquisition of title by prescription-Limitation Act (IX of 1908), Art. 142. Date of hearing : 26th November 1971.                                                                                                                               JUDGMENT SALAHUDDIN AHMED, J.-This petition is from the judgment of a Division Bench of the Lahore High Court (Bahawlpur Circuit) allowing the respondent's appeal and decreeing their suit for possession. The property in dispute consists of 8 field numbers, covering an area of 56 kauals, and it had been purchased on 7th June 1950, by Jam Ghazi (plaintiff No. 1) father of respondents Nos. 1-5, from two persons, Allah Ditta and Ahmad Bakhab, by a registered deed of sale. Respondents Nos. 1 to 4 are sons of Jam Ghazi. The plaintiffs claim to be owners of the disputed land. From the aforesaid mutation proceeding they came to know that the defendants were trying to assert adverse prescriptive title to the land and the plaintiffs, therefore, filed a suit for possession against the defendants on 24-5-1956. The defendants admitted the registered sale deed as also the title of the plaintiffs but set up prescriptive title alleging adverse possession for more than 12 years, which according to them, had matured long before the date of sale. They admitted inter alia the existence of the said registered deed of sale but alleged that it was collusive and without consideration. They, however, failed to prove that the said sale deed was collusive and without consideration. The trial Court held that the plaintiffs…