Law: Limitation Act (IX of 1908)

Section: 102 , 118 , 52

Law: West Pakistan Land Revenue Act, 1967

Section: 39

  Limitation Act (IX of 1908)--- ----Art. 144--Evidence Act (1 of 1872)Ss. 102 & 118---Adverse possession---Onus to prove---Onus of proof regarding adverse possession was on defendants who did not provide any kind of documentary evidence; neither any Jamabandi nor any Khasra Girdawari had been produced by defendant in support of their claim---Where defendants had withheld best evidence without sufficient cause, presumption would be drawn against them that the entire documentary evidence, Khasra Girdawari and Jamabandi were against the version of defendants regarding adverse possession.---[ Burden of proof]. A I R 1971 All. 531; A I R 1968 Pb. 72 and A I R 1929 PC 95 rel. Limitation Act (IX of 1908)--- ----Art. 144---West Pakistan Land Revenue Act (XVII of 1967). S.52---Adverse possession---Entries in Revenue Record---Entries in the column of Lagan and in the column of cultivation---Nature of possession---Documentary evidence produced by plaintiffs on file viz. Misl-e-Haqiyyat and Khasra Girdawari wherein possession of defendants had been recorded as Ghair Mauroosi and in the column of Lagan, rent had been assessed, which supported plaintiffs' version that defendants were in possession in lieu of rent---Defendants' evidence related to mere non-payment of rent, which did not constitute adverse possession---While deciding nature of possession, entries in the column of cultivation and in the column of Lagan were although to be read together, yet entries in the column of Lagan, otherwise not corroborated by any evidence, could not take any precedence over the entries in the column of cultivation---Possession of defendants having been incorporated as "Ghair Mauroosi" in Revenue Record, entire burden was on defendants to prove as to how their possession became adverse but they had failed to discharge the same---Defendants' possession over land in question, was thus not adverse, because permissive possession could not be adverse unless it was proved by an overt act. West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 39---Entries in record-of-rights---Entries in the column of cultivation and in the column of Lagan should ordinarily be…