Law:

Section:

(a) Limitation Act (IX of 1908) ------Arts. 142 & 144 Adverse possession Burden of proof ¬Plaintiff admittedly owner of suit land and defendant setting up plea of adverse possession Burden, held, lay on defendant to show as to from which date, how, and by which overt acts he perfected his title as alleged and plaintiff's suit could not be dismissed as time barred for not showing in his plaint date from which he was dispossessed by defen¬dant Limitation Act (IX of 1908), Art. 142. (b) Limitation Act (IX of 1908) ----Arts. 142 & 144 Adverse possession Contention that various trees over strip of land in dispute grown by defendant and act of growing such trees ' an act sufficient to show his adverse claim or possession¬ Held Without force Trees being admittedly on strip of land belonging to plaintiff, plaintiff to be considered as their owner and a bare word of defendant petitioner, without any cogent evidence on subject, cannot deprive owner of such trees. [Adverse possession]. ORDER KARAM ELAHEE CHAUHAN, J. Malik Aman (plaintiff) (respondent) filed a suit for possession of the suit land which on demarcation proceedings by the revenue authorities had been declared as being part of the property belonging to him but was wrongly encroached upon by Said Aman (predecessor in -interest of the present petitioner). The suit was decreed by the learned Civil Judge, Mardan, on 12 3 1975. The contesting defendants filed an appeal but without any success, as the same was dismissed by the learned Additional District Judge, Mardan, on 3 11 1975. The petitioner filed a, revision being Civil Revision No. 329; 78 which also met the same fate and was dismissed by a learned Single Judge of the Peshawar High Court on 20 6 1978. The defendant petitioner has come up in a petition for special leave to appeal against the same to this Court. 2. Learned counsel for the petitioner argued that the suit of the plaintiff respondents…

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