Case Details

Citation(s)
1987 SLG 699 1987 SLD 699 1987 SCMR 1791
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.38-Q of 1986, decision dated: 12-04-1987. On appeal from the judgment of the High Court of Baluchistan, dated 3rd May, 1986, in C.R. 89 of 1985
ABDUL KADIR SHAIKH, S. A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
Basharatullah, Advocate Supreme Court and Iftikhar Muhammad, Advocate-on-Record for Petitioners. Nemo for
Respondents

Mst. SHAH SULTANA and others

VS

ABDUL KHALIQ and another

Law:

Section:

Limitation Act (IX of 1908)-----Arts. 142 & 144--Constitution of Pakistan (1973), Art. 185(3)-­Adverse possession--Suit for possession of plot--Defendant-respondent producing a document before Trial Court showing that the portion of land in his occupation was purchased by him but Trial Court observing that the document was Parat Patwar and was subsequently rejected-­Trial Court, nevertheless relying on said document for collateral purposes forming opinion that it was evidence of possession of respondents since the year 1953 which continued until death of predecessor-in-interest of petitioners in 1968 and accordingly dismissing suit of petitioners as barred by limitation--Appellate Court dismissing appeal of petitioner and affirming decree of Trial Court--High Court in revision declining to interfere with concurrent finding of fact arrived at by Courts below to the effect that respondent had come into possession of disputed property through mutation dated 25-7-1953--Courts below having found as a fact that the plaintiffs were not dispossessed within 12 years prior to institution of suit, field, had rightly dismissed the suit of plaintiffs as barred by limitation in such cases it was not necessary for defendants to establish by positive evidence their adverse possession--Courts below, by relying mutation entry which was subsequently reversed, had not committed such an error as to vitiate finding of fact relating to possession of respondents recorded by them--Petition for leave to appeal dismissed. (b) Limitation Act (IX of 1908)-- ---Art. 142--Dispossession from, or discontinuance of possession of, immovable property--Limitation for bringing a suit for possession, held, was governed by Art. 142--Plaintiff .in such case must prove dispossession from immovable property within 12 years preceding date of suit. ORDER ZAFFAR HUSSAIN MIRZA, J.-- The revision petition of the petitioners having been dismissed by a learned Single Judge of the Baluchistan High Court, vide order dated 3rd May, 1986, the petitioners now seek leave to appeal there from. 2. The petitioners are the children of one Abdul Hafeez Qureshi, who had purchased plot bearing Khasra No.7160, Khewat…
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