Law:

Section:

(a) Limitation Act (IX of 1908)... ---- Art. 144 --- Adverse possession --- Title by adverse possession --- Onus to prove --- Mere non-payment of rent would not alter nature of tenancy if possession of person claiming adverse title was at its inception as a tenant; some notice was necessary to indicate that tenant had repudiated that position or resiled from it --- Onus of proving adverse possession was upon defendants and if their own evidence disclosed that their possession at its inception was as tenants, then they must fail --- Where plaintiff had sued defendants as trespassers but they claimed to have acquired title by adverse possession, their failure to establish such title would render them as trespassers, disentitling them to retain possession---Clear and unequivocal evidence of assertion of hostile title was necessary --- Mere non- payment rent or mere entry in the Jamab and showing that rent was being paid at the rate of proprietor's share of the revenue and cess was not clear evidence, where, entry was equally capable of being explained on other grounds consistent with subsistence of relationship of landlord and tenant. 1940 PLR 497 and PLD 1964 Lah. 356 ref Mst. Bhag Bhari, etc. v. Mst. Bhagan and another PLD 1954 Lah. 356; Lala and another v. Mst. Jante 1968 SCMR 131 and AIR 1928 Lah. 147 rel. (b) Administration of justice--­ ---- Object of judicial function is to reach the truth and to do justice which must be done by reading the entire evidence on the record.--[Evidence]. (c) Qanun-e-Shahadat (10 of 1984)-­ ----Art. 115---Tenancy of land once entered upon would continue until determined in accordance with requirement of law. ORDER This will dispose of R.SA Nos.921 to 923 of 1968. 2. These regular second appeals have arisen out of the three suits instituted by Nadir plaintiff on 16-11-1965 for the possession of different pieces -.s of land; the defendants in the suits out of which R.S.As. Nos.921 and 922 have arisen were Malik and Monda respectively; they were some of Pir Bakhsh, the e defendant in the suit out of which R.S.A. No.923 has arisen was Bad son of Amir. 3. The parties are now agreed that the original owners of the land were Bahawal,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492