Law:

Section:

(a) Limitation Act (IX of 1908)--- ----Art. 144---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether plaintiffs plea of adverse possession was destructive to his claim that he had purchased the property in question. (b) Limitation Act (IX of 1908)--Art. 144---Civil Procedure Code (V of 1908), O.VI, R. 17---Plaintiff claiming his title on the basis of purchase of property---Plaintiff subsequently seeking amendment of plaint to include therein plea of adverse possession as an additional ground---Question as to whether plea of adverse possession was destructive of the plea of ownership, would depend upon the circumstances of each case and determination whereof would depend on the basis of evidence to be brought on the record---Plaintiff had yet to lead evidence in support of his case---Neither nature of the suit nor relief claimed therein by plaintiff was changed by virtue of the proposed amendment in the plaint---Such amendment could be allowed in the plaint. (c) Adverse possession--- ---- Constitution of Pakistan. (1973), Art. 185---Limitation Act (IX of 1908), S.28---Extinction of right to property as envisaged by provision of S. 28, Limitation Act, 1908, was declared to be repugnant to Injunctions of Islam by Supreme Court in Maqbool Ahmad's case (1991 SCMR 2063)---Plaintiff having taken plea of adverse possession, in case of his ultimate success on that plea, such finding would be assailable on the principle enunciated in 1991 SCMR 2063, being repugnant to Injunctions of Islam, subject to the determination of its retrospective application. Maqbool Ahmed v. Hakoomat-e-Pakistan 1991 SCMR 2063 rel. JUDGMENT MANZOOR HUSSAIN SIAL, J.---This appeal by leave of this Court filed by Mst. Umtul Habib and others (legal heirs of Muhammad Aslam) call in question the validity of order dated 13-11-1991, passed in Writ Petition No.3963/83, by a learned Single Judge of the Lahore High Court, whereby he maintained order dated 14-1-1982, of the learned District Judge, Mianwali, allowing amendment in the plaint and dismissed the Constitutional petition. 2. The relevant facts, giving rise to this appeal are that on 3-7-1979, one Malik…

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