Law:

Section:

(a) Constitution of Pakistan (1973)-----Art.185(3)--Leave to appeal was granted to consider the contention that the High Court had misread the evidence inasmuch as that on the death of a female limited owner the petitioners were shown in possession of the suit land as "bila lagan bawaja rishtadari". (b) Adverse possession- --- Entries in Revenue record relied upon showed that the possession was permissive and the entry "bila lagan bawaja rishtadari" would not make possession less permissive. (c) Adverse possession- --- Tenant, while. a tenant, cannot acquire a larger right inconsistent with the real relationship by mere length of possession and assertion of a larger claim. Muhammad Mumtaz Khan v. Mohan Singh AIR 1923 PC 118 ref. (d) Adverse possession- --- Permissive possession cannot be converted into an adverse possession unless it is proved that the person in possession asserted an adverse title to the property to the knowledge of true owners for a period of twelve years or more. State of Travancore v. Arbindan Kanju Panicker AIR 1971 SC 996 ref. (e) Adverse possession-- --- Mere non-payment of rent by tenant for more than twelve years is not sufficient to entitle him superior rights of ownership--Tenant has further to establish by his conduct that he gave up tenancy, denied the title of the owner and openly enjoyed the land in his own right, and not as the owners' tenant. R.Mitra's Commentaries on Limitation Act 5th Edition page 629 ref . (f) Adverse possession-- --- Burden of proof--Owners claimed the ownership of land and their claim found support from the Revenue record--Burden of proving adverse possession was on the person claiming adverse possession and they had to show as to from which date, how and by which overt act they perfected their title by adverse possession. (g) Adverse possession- --- Proof--Persons claiming adverse possession, in their written statement had not stated as to how and by which overt acts they had perfected their title as alleged--Such persons had simply stated that they had constructed some house on a portion of the land without objection from the owners even without stating time when they made the construction--Mere…

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