| Citation(s) |
|---|
| 1981 SLG 3091 = 1981 SLD 3091 = 1981 PLD 262 |
Supreme Court of Pakistan
Civil Appeal No. 80 of 19'70, decided on 26th April, 1931. (On appeal from the judgment and order of the Lahore High Court, dated 28-11-1966, in W. P. 508/63). .
Presented By: Kakam Elahee Chauhan, Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ
Qutab All v. Custodian, Evacuee Property and others P L D 1964 S C 58 ref. Sh. Abdul Rashid, Senior Advocate Supreme Court and Abdul Karim, Advocate-on-Record for Appellants. . Ch. Azlz Ahmad, Advocate Supreme Court, Ghulam Mujtaba, Advocate -on-Record and Nazar Khan, Advocate-on-Record for
Respondents. '
Civil Appeal No. 80 of 19'70, decided on 26th April, 1931. (On appeal from the judgment and order of the Lahore High Court, dated 28-11-1966, in W. P. 508/63). .
Presented By: Kakam Elahee Chauhan, Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ
Qutab All v. Custodian, Evacuee Property and others P L D 1964 S C 58 ref. Sh. Abdul Rashid, Senior Advocate Supreme Court and Abdul Karim, Advocate-on-Record for Appellants. . Ch. Azlz Ahmad, Advocate Supreme Court, Ghulam Mujtaba, Advocate -on-Record and Nazar Khan, Advocate-on-Record for
Respondents. '
JALAL SHAH AND others--Appellants
VERSUS
THE CUSTODIAN AND others-Respondents
Law: Constitution of Pakistan, 1962
Section: 98
Law: Constitution of Pakistan, 1973
Section: 199
Law: Pakistan (Administration of Evacuee Property) Act (XII of 1957)
Section: 22
Law: Limitation Act, 1908
Section: 144
(a) Constitution of Pakistan (1962 ) Art. 98-Constitution of Pakistan (1973), Art. 199--Concurrent find ings of fact-Writ jurisdiction-Deputy Custodian, Custodian and High Court concurrently finding against appellants op point whether protection of evacuee interest lost by prescription-High Court, held, could not have upset such finding in Writ -jurisdiction:-[Finding of fact]. Link Muhammad Husain Munir and others v. Sikandar and others P L D 1974 S C 139 ref. (b) Pakistan (Administration of Evacuee Property) Act (XII of 1957) S. 22 read with Limitation Act (IX of 1908), Art. 144-Adverse pos session-Contention that although symbolic possession as against judgment-debtor as good as actual possession yet appellants having remained in adverse possession from 1936 onward appellant's title matured by adverse possession-Held : Evacuee owners having filed a civil suit on basis of their title in 1.946, appellant's adverse possession did not materialise for 12 continuous years-Evacuee owners having left, Pakistan during pendency of such suit and become evacuees, appellants did not complete their adverse possession at time of Partition of sub-continent and appellants could not have prescripted against Custodian after Partition---Even otherwise institution of civil suit within requisite period of prescription breaks continuity of adverse possession.-[Adverse possession]. Link Malik Muhammad Hayat Khan v. Subedar Yar Muhammad Khan P L D 1963 S C 612 ref. (c) Limitation Act (IX of 1908) Art. 144-Adverse possession-Factum of cultivation by appellants disputed-Alleged cultivation by appellants, in circumstances, held, not fully established nor tantamount to adverse possession, [Adverse possession]. Link (d) Limitation Act (IX of 1908) Art. 144-Adverse possession-Adverse possession in order to be proved, held, must have all qualities of adequacy, continuity and exclusiveness.-[Adverse possession] Link Maharaja Sir Kesho Prasad Singh Bahadur v. Bahuria Mst. Bhagjogna Kuer and others A I R 1937 P C 69 ref. (e) Pakistan (Administration of Evacuee Property) Act (XU of 1957) S. 22 read with S. 3-Treatment of property as evacuee property-., Hidden evacuee…