Law:

Section:

Adverse possession Party pleading adverse possession-Burden lies on him to prove his possession, amongst others being open and hostile to real owner-- Petitioners not only failing to fulfill such condition but also making a contrary affirmation in their reply to notice received from respon dents-Plea of limitation as raised also not found of any force-High Court, held, properly attended to objection regarding maintainability of 2nd appeal and value of subject-matter-Limitation Act (IX of 1908), Art. 144-Constitution of Pakistan (1973), Art. 185 (3).[Burden of proof], Date of hearing : 11th December, 1979.                                                                                                                        JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal is sought from the judgment dated 24th September, 1979 of the High Court of Baluchistan ; whereby the respondents/plaintiffs 2nd appeal arising out of a suit for possession of an urban property, was allowed. The suit was earlier dis missed by the trial Court on the ground that the petitioners defendants had established the plea of adverse possession and the respondents 1st appeal had been dismissed. Learned counsel for the petitioners has reiterated the same arguments which were urged on behalf of the petitioners before the High Court. They are that the value of the subject matter of the original suit did not exceed Rs. 2,000 therefore, 2nd appeal was not competent; that question of adverse possession being one of fact, the concurrent findings thereon by the two learned lower Courts, could not be disturbed in 2nd appeal ; and that under section 28 of the Limitation Act, the question of `ownership' becomes irrelevant when looked in the light that the provision bars the suit for possession on account of limitation. We have not been impressed by the arguments of the learned counsel. It is not…