Law: Constitution of Pakistan, 1973

Section: 185(3)

Specific Relief Act (I of 1877)--S.42--Constitution of Pakistan (1973), Art. 185(3)--Declaratory suit for possession claiming title through an oral sale and also on adverse possession-­Petitioner, in order to prove oral sale produced a witness who himself was a petitioner in the case and his statement was not proved by any documentary evidence--Petitioners were the co-sharers in the Khata and had been shown in the Hisadari possession, and as such they could not- be said to be in adverse possession--View taken by High Court and Appellate Court was based on proper appreciation of evidence on record-as same points were raised before them upon which they gave the correct verdict--No ground had been made out by petitioners for interference by Supreme Court--Leave refused. Jawaid Anwar Buttar, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners. Abul Asim Jafri, Advocate-on-Record for Respondents Nos.l and 2. Date of hearing: 25th February, 1989. ORDER USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners. They succeeded in obtaining decree in a declaratory suit for possession before the trial Court. However, the appeal of the present respondents was accepted before the District Judge, Rahim Yar Khan vide judgment dated 23-1-1984. The petitioners' revision petition was also dismissed by the High Court vide impugned judgment. The petitioners claim the title of the suit land through an oral sale and also on adverse possession but their counsel failed to show us any authentic evidence or documentary proof to have been placed on record, which can support their case for consideration of this Court. For the oral sale the petitioners produced only Gamoon P.W.1 who is also the petitioner in this case. He has stated that the land…

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