| Citation(s) |
|---|
| 1981 SLG 3239 = 1981 SLD 3239 = 1981 CLC 1411 |
Court of Special Judge, Karachi
Second Appeal No. 10 of 1969, decided on 20th August, 1980.
Presented By: Zafar Hussain Mirza, J
A. Mateen for Appellant. Syed Ali Nazar for
Respondent.
Second Appeal No. 10 of 1969, decided on 20th August, 1980.
Presented By: Zafar Hussain Mirza, J
A. Mateen for Appellant. Syed Ali Nazar for
Respondent.
Rias KHAIR MUHAMMAD, AND 4 OTHERS-Appellants
VERSUS
IMDADULLAH SHAH--Respondent
Law: Limitation Act (IX of 1908)
Section: 142, 144
(a) Question of fact Pleadings-.Plea of fact not raised by parties -.- Court not entitled to dispose of suit on such plea--Appellant establishing his title to property and defendant failing to prove arty right to possession thereof-Appellant, held, clearly entitled to a decree for possession in circumstances of case.-[Pleadings-Posses sion]. (b) Limitation Act (IX of 1908) Arts. 142 & 144--Adverse possession-Suit not based on prior possession but on title of appellant in…