| Citation(s) |
|---|
| 2004 SLG 3071 = 2004 SLD 3071 = 2004 PLJ 185 = 2004 PLD 325 |
Supreme Court
C.As. Nos. 1267 and 1268 of 1996, decided on 3.12.2003.(On appeal from the judgment dated 4.6.1995 of the Peshawar High Court passed in C.R. Nos. 225/92 and 317/92)
Presented By: MUNIR A. SHEIKH; IFTIKHAR MUHAMMAD CHAUDHRY AND RANA BHAGWANDAS, JJ
Mr. Abdul Samad Khan, ASC for Appellant (in C.A. No. 1267/96). Mian Yunus Shah, Sr. ASC for
Respondents Nos. 1 to 50 (in C.A. No. 1267/96). Mr. M. Zahoor Qureshi, AOR for
Respondents Nos. 51 to 61 (in C.A. No. 1267/96). Mian Younus Shah, Sr. ASC for Appellants (in C.A. No. 1268/96). Mr. M. Zahoor Qureshi, AOR for
Respondents (in C.A. No. 1268/96). Other
Respondents:
C.As. Nos. 1267 and 1268 of 1996, decided on 3.12.2003.(On appeal from the judgment dated 4.6.1995 of the Peshawar High Court passed in C.R. Nos. 225/92 and 317/92)
Presented By: MUNIR A. SHEIKH; IFTIKHAR MUHAMMAD CHAUDHRY AND RANA BHAGWANDAS, JJ
Mr. Abdul Samad Khan, ASC for Appellant (in C.A. No. 1267/96). Mian Yunus Shah, Sr. ASC for
Respondents Nos. 1 to 50 (in C.A. No. 1267/96). Mr. M. Zahoor Qureshi, AOR for
Respondents Nos. 51 to 61 (in C.A. No. 1267/96). Mian Younus Shah, Sr. ASC for Appellants (in C.A. No. 1268/96). Mr. M. Zahoor Qureshi, AOR for
Respondents (in C.A. No. 1268/96). Other
Respondents:
SATARA KHAN-Appellant
VERSUS
MANZAR HUSSAIN and others-Respondents
Law: Specific Relief Act, 1877
Section: 42
Law: Constitution of Pakistan, 1973
Section: 185
(i) Adverse Possession- Right of adverse possession—Defendant claimed that he was in adverse possession and that his right had matured into ownership-Land in. question, was rightly held to be in possession of mortgagee and defendant having entered into possession wrongfully could be directed to deliver possession to plaintiffs who had right as mortgagee to get possession thereof-Impugned judgment was not open to interference. [P. 188] B (ii) Specific Relief Act, 1877 (I of 1877) S. 42-Constitution of Pakistan (1973), Art. 185-Status of plaintiffs as owners of land in question—Findings of fact recorded by First Appellate Court and affirmed by High Court as to status of plaintiffs as owners of land by virtue of sale-deed were perfectly in accordance with law and have not been shown to have been based on misreading or non-reading of any material piece of evidence-Impugned finding was not open to interference and was maintained. [P. 188] A Ex-parte. Date of hearing : 3.12.2003. judgment Munir A. Sheikh, J.--By this common judgment, we propose to deeide both the titled appeals by leave of the Court which have been filed against the consolidated judgment dated 4.6.1995 of the Peshawar High Court by which the revision petitions filed by the appellants have been dismissed. 186 SC satara khan v. manzar hussain (Munir A. Sheikh, J.j PLJ 2. The land in dispute was owned by one Faqir Hussain, deceased predecessor-in-interest of Respondents Nos. 1 to 8 in CA No. 1268 of…