Law:

Section:

(a) Constitution of Pakistan (1962 )---Art. 98-Constitution of Pakistan (1973), Art. 199--Concurrent find­ings 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]. 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 pos­session-Contention that although symbolic possession as against -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]. 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]. (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] 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 property-Non-disclosure of-Plea that land in…

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