Law:

Section:

Specific Relief Act (I of 1877)---- S. 42-Declaratory relief-Adverse possession--Owners of land admitted by petitioners themselves to have permitted them to occupy and enjoy usufruct of land while away most of time-Gift having not been established possession of petitioners over land only permissive qua owner-Merely because of petitioners being recorded in cultivation column or in Khasra Girdawari as being in possession as Hissedar such fact cannot amount to assertion of hostile title as against co-sharers or owners-Entries in Revenue records -Not by themselves sufficient to establish adverse possession-Adverse possession, held, constituted when very nature of possession and act- of person claiming adverse possession clearly establishes allegation of title and interest hostile and adverse to owner continuously and uninterruptedly. ORDER SHAFI-UR-REHMAN, J.-The petitioners seek leave to appeal against the judgment of the Lahore High Court dated 21-6-1980 whereby a revision petition filed by them against the dismissal of their suit was dismissed. 2. The plaintiffs/petitioners claimed to be close relatives of one Ali Ahmad who was issueless but owner of extensive agricultural property in village Muhammad Nawazwala. Tehsil Sadiqabad, District Rahimyarkhan. When he died in the year 1967 his inheritance was mutated in favour of some of the respondents. The petitioners claimed in the civil suit that long before his death Ali Ahmed had orally gifted to them 274 kanals 11 marlas land of his joint ownership and had handed over its possession to them and they were enjoying it as owners. They claimed to be the owners of this land firstly under the oral gift made by the owner and in the alternative on the basis of adverse possession as co-sharers for over 12 years. The suit was contested by the heirs of Ali Ahmad and they denied the possession of the petitioners, their claim under the oral gift or on account of adverse possession. Issues were framed. The trial Court considered the oral evidence and concluded that the case of the petitioners was proved on following reasoning "All these witnesses have not been cross-examined by the defendant in any way on this point. P. W. 8…

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