Law:

Section:

  (a) Supreme Court--- Appraisal of evidence---Finding of fact by High Court---Appraisal of evidence was not function of Supreme Court in circumstances. [p. 1165] A (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-- ----Ss. 42 & 44---Appellate jurisdiction, exercise of---Conclusion drawn by High Court which flew from evidence on record, did not suffer from any defect of gross misreading or non-reading of evidence and was not recorded by adopting illegal procedure---Finding of fact recorded by High Court in second appeal being sacrosanct, could not be vacated by Supreme Court. [p. 1165] B (c) Limitation Act (IX of 1908)-- ----Art. 144---Adverse possession---Manner in which person claiming to be in adverse possession, began his possession was important---Long-standing possession of person claiming to be in adverse possession having been proved through evidence on record, possession was rightly held to be adverse in circumstances. Muhammad Ayub and others v. Adalat Khan and others 1993 SCR 338 and Dewan Ali Khan v. Jehandad Khan and others 1995 SCR 116 ref.     (d) Evidence--- . Production of evidence---Party cannot produce evidence to prove a fact which was not part of its pleading. (e) Limitation Act (IX of 1908)--- ----Art.           144---Adverse                       possession---Defective possession---In absence of some rebutting circumstances a person in possession under an invalid deed, would be in adverse possession to true owner ---Vendee who remained in possession after sale of land or property which went off or was otherwise defective in law would hold adversely to the vendor. Mir Laik Ali v. Standard Vacuum Oil Company (ESSO) and another PLD 1964 SC 220 and Ahmad Khan v. Rasul Shah and others PLD 1975 SC 311 ref. Manzoor Hussain, Advocate for Appellants. Ch. Munsif Dad, Advocate for Respondents. Date of hearing: 27th November, 1998. JUDGMENT BASHARAT AHMAD   SHAIKH,   J.--- This  is defendants' appeal in which leave was granted…