Law:

Section:

(a) West Pakistan Land Revenue Act (XV11 of 1967)-------S. 39---Record of rights---Conflict between column of cultivation and column of rent---Effect---In case of conflict between column of cultivation and column of rent in Jamabandi, entry in column of cultivation must prevail---Where in column of cultivation, defendants had been categorically entered as tenants-at­will, their status cannot be deemed to be that of adverse possession even if entry in column of rent was to the effect that they were not paying any rent to landlord/owner. ---[Adverse possession]. (b) Adverse possession--- ----Claim of---Proof---Essentials---Defendants were initially entered in Jamabandi as tenants-at-will---One entry in Jamabandi was to the effect that land was under self-cultivation and thereafter same entry was resumed as that of previous years---Effect---In every case of surrender of possession such fact must be proved by tenant that he surrendered tenancy and thereafter re-possessed the same either under rightful claim or under adverse claim-Such aspect of case having remained unproved, tenant could not take benefit of such change of entry and his status would remain that of tenant-at-will. JUDGMENT Qazi Muhammad Sadiq son of Qazi Muhammad Saeed (since dead--his L.Rs. impleaded) of Sikandarpur Haripur brought a suit against Sadiq and Latif (since dead--his L.Rs. impleaded) sons of Abdul Aziz, for possession based on title of Khasra No.897 measuring 6 Marlas situated in village Sikandarpur. 2. The plaint, in nutshell was that the plaintiff being an owner and the defendants being tenants-at-will had suddenly started some construction over the disputed land in the month of August, 1989, taking advantage of summer vacations and thereby denying the title of the rightful owner., 3. The crux of the written statement was that the title of the plaintiffs remained yet to be proved and in case such title is proved and the title of the defendants is not proved, they were in the adverse possession of the suit land for more than 12 years and hence the suit was barred by time. 4. After holding a trial the learned Civil Judge-I, Haripur vide his judgment dated 28-5-1994 non-suited the…

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