Law:

Section:

Limitation Act (IX of 1908)--Art. 142---Constitution of Pakistan (1973), Art. 185 (3)---Plaintiffs being co­sharers in land in question, title suit filed by them against defendants who were also co-sharers in such land, bar of limitation would not apply unless and until there was evidence of complete ouster---Such finding arrived at by High Court was correct appreciation of law applicable to facts and circumstances of case--­Defendants were unable to point out any infirmity in such reasoning of High Court---Leave to appeal was refused in circumstances. JUDGMENT SAEDUZZAMAN SIDDIOUI, J: --This judgment will govern the disposal of above-noted two petitions for leave to appeal as they arise from a consolidated order of the High Court and the questions of law and facts arising therein are also common. C.P.LA. No. 147 of 1993 arises out of Civil Suit No. 420/226 instituted by respondents Muhammad Aslam and Sher Khan, sons of Baz Khan before Civil Judge III on 16-12-1961 claiming possession of 84 Kanals and 12 Marlas of land being their 2/3rd share out of 126 Kanals and 17 Marlas of land situated in village Surag, Tehsil Pindigheb, from the petitioners. The land was originally owned by the respondents jointly with Sher Ali, son of Ghulam Muhammad and one Fateh Sher. The admitted share of Fateh Sher in the joint Khata was only to the extent of 1/10. However, Fateh Sher through an oral agreement created rights of occupancy tenancy in respect of entire land in favour of Yar Muhammad father/predecessor of petitioners. Mutation No. 271 of 1932 was effected in the Revenue Record on 25-6-1932 showing rights of occupancy tenancy of Yar Muhammad in respect of entire suit land. On 16-1-1953 Mutation No. 1623 was made in the Revenue Record showing the petitioners, who were successors of Yar Muhammad, as owners of the entire suit land measuring 84 Kanals and 12 Marlas, on the basis of their occupancy right over the land. On coming to know about the above entries in the Revenue Record, respondents filed Civil Suit No. 420/226 challenging the entries in the Revenue Record in favour of petitioners and their' predecessor-in-interest Yar Muhammad. The trial Court decreed the suit…

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