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Limitation Act (IX of 1908)----Arts. 142 & 144 Adverse possession Plea of adverse possession not raised in specific form in written statement Held, could not be allowed to be raised nor could any weight be given to it. [Adverse possession]. ORDER MUHAMMAD AFZAL ZULLAH, J. Leave to appeal has been sought from judgment dated 14 11 1981 of the Lahore High Court whereby petitioners' civil revision, arising out of decree against them, in a suit for possession based on title, was dismissed. The plaintiffs (respondents) claimed in the suit filed on 20th of March, 1972 that they were the owners of the suit land, while the defendants were tenants; but they had stopped paying lagan and also started denying the title of the plaintiffs. And, on their refusal to re acknowledge the plaintiffs as owners about a month prior to the institution of the suit they (the plaintiffs) were constrained to file the suit. Plea taken from the petitioners' side in the written statement was that they (and not the plaintiffs) were in fact the owners and they being in possession as owners, the plaintiffs had no right to file the suit. Several years after the filing of the written statement, an application was moved from the petitioners' side to amend their written statement so as to include the plea that they were in adverse possession of the land for more than twelve years therefore they had become the owners; and further that the civil Court had no jurisdiction to hear the suit the learned counsel explained that this jurisdictional plea was raised on the assumption that the petitioners were tenants. The application for amendment was dismissed in 1979. A revision filed before the District Court in this behalf was also dismissed in the same year. The original pleadings as noted earlier having been put to issues, respondents' suit was decreed on 23 2 1980. The first appeal of the petitioners was dismissed on 2 6 1981 and the revision filed by them in the High Court having been dismissed on 14 I1 1981 they have now sought leave to appeal. Learned counsel for the petitioners has contended that the learned appellate Court having considered the question of adverse possession on merits (though…

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