Law:

Section:

Constitution of Pakistan (1973)----Art. 185 (3) Dispossession Petitioner co shares in suit land found to have dispossessed respondent otherwise than in due course of law¬-Three concurrent findings recorded against petitioner directing him to surrender possession to respondent, held, unexceptionable in circum¬stances Petition dismissed. Qazi Abdur Rashid, Advocate and M. Yaqub Hussain Zaidi, Advocate-¬on Record for Petitioner. Nemo for Respondents Date of hearing: 7th April, 1980. ORDER G. SAFDAR SHAH, J The dispute in this case concerns agricultural land comprised in Khasra No. 2900 measuring 3 kanals and 1 marls, situate in Tehsil and District Mansehra. Respondent Gohar Aman filed a suit against the petitioner in the Court of Civil Judge, Mansehra, for the possession of the suit land, as according to him he had been dispossessed of it otherwise, then in due course of law. In the written statement filed by him, the petitioner denied the claim of the respondent on the ground that being a co sharer in the said land he was, in possession of the same and so the suit filed against him was misconceived. Upon the pleadings of the parties, the trial Court framed in the suit six issues the reproduction of which, however, is not necessary, and after recording the evidence of the parties, which they wished to adduce before him, he decreed the suit of the respondents. The view taken b; she learned trial Judge was that "The suit land is comprised in Khasra No. 2900 and is jointly owned by the parties vide record of right for year 1965 66, marked as Exh. P. W. 1/1, in which in column of cultivation, plaintiff has been shown as in exclusive possession, through defendant No. 4 tenant at will. In addition to it, plaintiff's possession has been proved through an extract of Kuasra Girdawari, shown as Exh. P. W. 1/3 which shows plaintiff' possession till Rabi 1975. The possession of the defendant has been entered since Kharif 1976, vide Exh. P. W. 1/4 to meaning thereby that by dispossessing plaintiff, Muhammad Aslam, defendant took the possession of the suit land. Possession of the plaintiff has been proved by the revenue record and evidence produced by the parties, viz. he was…

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