Case Details

Citation(s)
1994 SLD 810 = 1994 CLC 1788
Lahore High Court
Regular Second Appeal No. 175 of 1985, decided on 15th December, 1993.
Presented By: Before Gul Zarin Kiani, J
Mack Amjad Perwaiz for Appellant. Iftikhar Ali Sheikh for
Respondents Nos. 1 to 15. Nemo for the Remaining
Respondents.

MUHAMMAD DIN etc ---Appellants

VERSUS

ALLAH DITTA etc: =-Respondents

Law:

Section:

  West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----Ss. 5 & 3---Widow had inherited the estate under custom as limited owner---Widow's estate after her death was terminated and succession to estate was opened out for distribution in terms of S. 5, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 to the heirs of last male owner---Appellant being the daughter of last appeal owner was rightly given her due share under Muhammadan law. Limitation Act (IX of 1908)--- ----Art. 144---Possession of one co-sharer on a piece of joint land is held on behalf of all co-owners---Mere non-participation in the management of joint land or non-sharing of usufruct would not constitute holding of land in adverse ,possession by other co-owners. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Muhammad Oasim Khan and 6 others v. Mst. Mehbooba and 6 others 1991 SCMR 515; Ali Akbar and others v. Malook and others 1991 SCMR 829 and Allah Wasaya and 6 others v. Rahim Bakhsh and another 1991 SCMR 1369 ref. Adverse possession--- --Without complete ouster and denial of co-sharer's (plaintiff's) title, his rights could not be extinguished by adverse possession claimed by other co, sharers (defendants). Mack Amjad Perwaiz for Appellant. Iftikhar Ali Sheikh for Respondents Nos. 1 to 15. Nemo for the Remaining Respondents. Date of hearing: 15th December, 1993 JUDGMENT This second appeal by the successors-in-intrest of the original plaintiff Mst. Raisham Bibi, since deceased, was from the judgment and decree of the lower appellate Court dated 14-2-1985, by which it maintained the decree of the trial Court dismissing the plaintiff's suit for her share in the patrimony of her father, on account of bar of limitation, and, acquisition of prescriptive title to the land in suit. Facts were fairly simple and the points of law involved for decision were also not much intricate. Therefore, first a reference to facts of the case. Khuda Yar alias Khair Din was owner of 86 Kanals, 8 Marlas of land in Chak Safdar of Tehsil Narowal. He died before partition of the Sub continent of India. His date of death, however, was…
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