Law: Limitation Act (IX of 1908)

Section: 144

Law: Civil Procedure Code (V of 1908)

Section:  O.XLI, r. 33

(a) Muhammadan Law Inheritance-Objection that without amending plaint share of plaintiff could not be determined though specious, held, has no force-Parties being aware of substance of controversy and contest ing matter on merits-Too late to raise hyper-technical objection of procedure-Share in inheritance to be determined in accordance with law. applicable. Bhaddoo Chhorelal Sunar v. Emperor 'A I R 1936 Pesh. 119 and Pakistan v. Abdul Ghant P L D 1964 S C 68 ref. (b) Limitation Act (IX of 1908) Art. 144-Adverse possession-Possessing by itself not suffi cient-Such possession to be adverse to person entitled to, posses sion-Evidence to prove adverse possession not led-Mere entries in Jamabandis do not prove such possession-Such possession to be open, hostile and to .knowledge of . person entitled to possession-Possession against person out of wits-Would not be open, hostile arid to her knowledge...-[Adverse possession].                         (c) Civil Procedure Code (V of 1908)           O.XLI, r. 33-Appellate Court power of -Appellant neither filing appeal nor cross-objection--Open to appellate Court to grant decree which ought to have been passed--Plaintiff filing administration suit--..Duty of Court to apportion Tarka (estate left out after meeting funeral expenses, paying legacies, etc.) amongst heirs of deceased--Plaintiff in spite of being daughter of deceased not getting inheritance since last 40          ears-Plaintiff found entitled to possess her rightful share of inheritance --Decree to that effect passed under O. XLI, r. 33.-[Muhammadan Law-Duty of Court]. Date of hearing : 1,9th November, 19'79.      -                                                                                        …