Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Adverse possession -Suit founded on adverse possession of occupancy rights in suit land without impleading landlord-Not properly constituted-Mere non-payment of rent coupled with entry in Jamabandi "bila adai lagan bawaja takrar mustagali khud az bail' without purchase having beer proved-Would not render possession adverse to landlord. The suit founded on adverse possession of occupancy rights in the suit land in the absence of the landlord/landlords is admittedly not properly constituted. Further, even if it be held that there can be adverse possession of a limited interest the application of this principle has to be confined to the limits enunciated by the provisions of the Punjab Tenancy Act, because if the bar of non-acquisition of right of occupancy by mere lapse of time section 9 is not given full effect, `the landlord may occasionally have an occupancy tenant thrust on him without any laches on his part, and that would be a result entirely foreign to the spirit of the Tenancy Act. Where a person is in possession as a tenant and the landlord enters into an agreement to sell with such a tenant and thereafter the sale transaction does not materialise, the possession of the tenant would not become adverse to the landlord. Swarnamoyi and another v. Sourindra Nath Mitra and others 89 I C 747 ) Umar Said and others v. Faiz Muhammad Khan and others P L D 1961 Pesh. 110 ; Jumman v. Allah Rakha P L D 1951 Lah. 85 ; Mst. Bhag Bhari etc. v. Mst. Bhagan and another P L D 1954 Lah. 356 ; Lala and another v. Mst. Jante 1968 S C M R 131 and Fazal Ghani and others v. Khitab Gul anal others 1968 S C M R 1040 ref. (b) Civil Procedure Code (V of 1908) S. 100-Second appeal-Adverse possession-Mixed question of law and fact and can be gone into second appeal. Date of hearing : 7th October 1974.                                                                                                          …