Law: Limitation Act (IX of 1908)

Section: 144 , 149

Law: Civil Procedure Code (V of 1908)

Section: 115

  Limitation Act (IX of 1908)--- ----Arts. 144 & 149---Adverse possession against Government ---Period-- Ownership rights in immovable property though could be acquired against the Government, in the same manner as against a private party, yet person claiming title adversely to the Government must establish his adverse possession for a period of sixty years at the minimum. Limitation Act (IX of 1908)--- ----Art. 149---Oanun-e-Shahadat (10 of 1984), .Art. 118---Adverse possession--Burden to prove---Burden of proving adverse possession on property belonging to State, lay heavily on claimant---Neither entries in revenue record nor self serving statement of plaintiff was sufficient to hold that plaintiff was holding land in question adversely for a period of more than ninety years and had acquired ownership rights therein---Where revenue record showed that property belonged to Government and was in possession of District Council through plaintiff as its occupancy tenant, such entry in revenue record was wholly insufficient to sustain plea of adverse possession---Mere oral testimony of plaintiff in itself did not advance materially the plea of ownership of land in question, or that of his adverse possession on the same.   Adverse Possession . ----Discretionary granted to plaintiff by Courts below-- Appropriateness---Plaintiff, although failed to prove his ownership of land through adverse possession yet Courts below protected his possession against its threatened disturbance by District Council except in accordance with due process of law---Such relief granted to plaintiff was the only possible relief which could be allowed to him and that having already been allowed to him, he had nothing further to grieve about. Civil Procedure Code (V of 1908)--- ----R. 115---Adverse possession---Finding of Courts below on question of adverse possession being concurrent and in, accordance with material on record, no interference in revisional jurisdiction was called for. Syed Riaz-ul-Hassan Gillani for Petitioner. Nemo for Respondent. Date of hearing: 13th October, 1991. . JUDGMENT This Civil Revision .by the plaintiff is against agreed judgments of the Courts below…