| Citation(s) |
|---|
| 2002 SLD 555 = 2002 YLR 2183 |
Civil Revision No.360/D of 1991, heard on 20th March, 2002.
Abdul Shakoor Paracha, J
GHAMA and 5 others---Petitioners
VERSUS
AHMAD and 25 others---Respondents
Law:
Section:
This revision petition is directed against the order dated 16-2-1991 passed by the learned Additional District Judge, Gujrat dismissing the appeal of the petitioner against the judgment and decree dated 23-1-1988 of the learned Civil Judge Mandi Baha-ud-Din, District Gujrat, whereby the suit for declaration with possession against the respondents-defendants was dismissed. The brief facts of the case are that the petitioners brought the suit for declaration with possession of the land against the respondents-defendants regarding the land measuring 22 Kanals, 2 Marlas situated in village Narang Tehsil Phalia, District Gujrat, on the basis of ownership and also that, the possession be awarded to them. The suit was resisted by the respondents/defendants by filing the written statement. It was asserted by the defendants Nos. l-A; 2 to 4, 5-A to 5-C, 6-A, 15, 16-A to 16-C, end 17 to 19, that the suit is barred by time and that they are owners of the suit-land measuring 17 Kanals, 16 Marlas and that they have perfected their title over the suit-land on the basis of adverse possession and the suit of the plaintiff is time-barred. The remaining defendants filed consenting written statement whereby they admitted the claim of the petitioner-plaintiffs. From the divergent pleadings of the parties the following issues were framed by the learned trial Court:-- Whether the suit of the plaintiffs is time-barred? OPD Whether the description of the suit property is incorrect, if so its effect? OPD Whether the valuation of the suit property is incorrect, if so its effect? OPD Whether the plaintiffs are exclusive owners of the suit property and the entries in the Revenue Record for the year 1980-81 showing otherwise, are against facts, law, void and inoperative? OPP If issue above is proved otherwise, whether the plaintiffs are entitled for Khas possession of the land measuring 24 Kanals, 16 Marlas detailed in the plaint? OPP Whether in the alternative the defendants are owners in possession of the suit-land on the basis of adverse possession? OPD Whether the suit of the plaintiffs is false, and frivolous, if so its…