| Citation(s) |
|---|
| 1978 SLG 131 1978 SLD 131 1978 SCMR 139 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 85 P of 1977, decision dated: 31st January 1918.
ANWARUL HAQ, C.J., QAISAR KHAN AND GHULAM SAFDAR SHAH, JJ
Muhammad Afzal Lone, Advocate Supreme Court of Pakistan with Mian Younas Shah, Advocate Supreme Court instructed by M. Qasim Imam, Advocate on-Record (absent) for Petitioners. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. 85 P of 1977, decision dated: 31st January 1918.
ANWARUL HAQ, C.J., QAISAR KHAN AND GHULAM SAFDAR SHAH, JJ
Muhammad Afzal Lone, Advocate Supreme Court of Pakistan with Mian Younas Shah, Advocate Supreme Court instructed by M. Qasim Imam, Advocate on-Record (absent) for Petitioners. Nemo for
Respondents
ABDUR RAUF AND anothers
VS
Mst. ZAINAB and 3 OTHERS
Law:
Section:
(a) Evidence Act (I of 1872) -- S. 21 Admission Petitioner, in a previous suit, admitting disputed house having belonged to respondent plaintiff Admission put to petitioner during his examination in Court Admission, held, taken into consideration not in violation of any provision of law.¬[Admission]. (b) Evidence Act (I of 1872)--- ----S. 21 Document Evidentiary value Documents executed by petitioners themselves Not binding on opposite party especially when not put to other party at trial ape other party given no occasion to controvert them. [Document]. (c) Limitation Act (IX of 1908)- ---Art. 144 Adverse possession Rendering manual service to one or one's family Does not entitle person rendering such service to get such one's house Plaintiff a female orphan living with petitioners, related to her Possession by petitioner of her house, held, could not be adverse so as to confer rights of ownership. [Adverse possession]. ORDER QAISAR KHAN, J. Mst. Zanib sued Abdur Rauf and Abdul Munaf sons of Abdul Khanan residents of Jangle Khel of Kohat District for possession of a house situated in Village Jangle Khel. The defendants contested the suit and the two material issues for decision were as to whether plaintiff was owner of the house and as to whether the defendants had matured title by adverse possession. The learned Senior Civil Judge after proper trial by his judgment dated 2 10 1914 held That the plaintiff was owner of the house and that the defendants has not matured title by adverse possession. He therefore decreed the suit. Abdur Rauf and his brother eat up in appeal to the Court of District Judge but their appeal was dismissed on 26 1 1976. They then filed a second appeal in the High Court but it too was dismissed on 310 1977. They have, therefore, filed this petition for special leave to appeal against the order of the High Court. Mr. Muhammad Afzal Lone, learned counsel for the petitioner, raised the following contentions :- (1) That the findings were arrived at in violation of the established principles of law and were based on misreading of evidence. (2) That the admission of Abdur Rauf petitioner in another case could not be used against him. (3) That…
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