Law:

Section:

Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr. 1 & 2---Limitation Act (IX of 1908), Art. 144---Adverse possession----Proof of---Petitioners claimed hostile/adverse possession land owned by respondents and instituted a civil suit for declaration of ownership rights in it and confirmation of their possession---Petitioners sought for a temporary injunction for protection of their possession on suit land from disturbance at the instance of respondents---Trial Court issued temporary injunction but in appeal it was re-called---Land in dispute undisputedly was owned by respondents who earlier brought a suit for its possession against certain occupants which was decreed in favour of respondents and decree in their favour was in process of execution ---Petitioners were not allowed to join proceedings culminating in final decree for possession of land in favour of respondents---Entries in land records, prima facie, showed actual possession of -debtors against whom decree for possession was already passed by Court of competent jurisdiction in favour of respondents---Petitioners claiming adverse possession in respect of land in dispute were not shown to be in actual possession of land---Petitioners having failed to prove adverse possession over land in dispute, order of Trial Court issuing temporary injunction in their favour was rightly vacated by Appellate Court below. Amiabai v. Ibrahim and 4 others PLD 1992 Kar. 270 ref. JUDGMENT This revision petition was against an order of the lower Appellate Court by which is allowed the appeal and vacated an order of the trial Court issuing a temporary injunction for stopping apprehended interference with the alleged possession of the petitioners on the land in dispute. 2. Petitioners claimed hostile possession on the land owned by the respondents and instituted a civil suit for declaration of ownership rights in it and confirmation of possession on it. Alongwith the plaint, they sought for a temporary injunction for protection of their possession on the land from disturbance at the instance of the respondents. The trial Court ordered for a prohibition but in appeal it was re-called. 3. There was no dispute that the land…

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