| Citation(s) |
|---|
| 1989 SLG 1835 1989 SLD 1835 1989 SCMR 1672 |
Supreme Court of Pakistan
Civil Petition No. 285 of-1983, decision dated: 10-08-1988.(On appeal from the judgment and order dated 20-12-1982 of the Lahore High Court, Lahore in Civil Revision No. 17)8-D/82)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Khan Muhammad Bajwa, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for Petitioners. Nemo for
Respondents.
Civil Petition No. 285 of-1983, decision dated: 10-08-1988.(On appeal from the judgment and order dated 20-12-1982 of the Lahore High Court, Lahore in Civil Revision No. 17)8-D/82)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Khan Muhammad Bajwa, Advocate Supreme Court and S. Abid Nawaz, Advocate-on-Record for Petitioners. Nemo for
Respondents.
IRSHAD AHMAD and others
VS
SABIRAN BIBI and others
Law:
Section:
(a) Limitation Act (IX of 1908)----Art. 14.1--Constitution of Pakistan (1973), Art.185(3)--Adverse possession, plea of--Question of adverse possession adequately dealt with and concluded by findings of High Court which were unexceptionable--Petitioners had not sought an issue on question of adverse possession, raised before High Court--Reopening of such question, held, was not justified before Supreme Court. (b) Constitution of Pakistan (1973)- ---Art.185(3)--Limitation--Question of limitation which was linked with question of adverse possession was properly dealt with by High Court--Contention regarding non-reading and misreading of evidence was found to be of no substance--Leave to appeal refused. (c) Constitution of Pakistan (1973)- ---Art.185(3)--Contention not raised before High Court during hearing of revision petition--Entertaining of such contention at leave to appeal stage was not justified. ORDER MUHAMMAD AFZAL ZULLAH J.--Leave to appeal has been sough: by the defendant side in a suit for possession, which was decreed by the trial Court in favour of the respondents/plaintiffs' side. The petitioners' appeal and civil revision having been dismissed, they have now sought leave to appeal. Learned counsel for the petitioners has reiterated the arguments raised before the…
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