Case Details

Citation(s)
1998 SLG 1238 1998 SLD 1238 1998 PLD 338
Lahore High Court
Civil Revision No. 84-D of 1987/BWP, heard on 1st October, 1997
SH. LUTFUR RAHMAN, J
Bilal Ahmad Qazi for Petitioners. A.A. Ansari and Raja Sohail Iftikhar for
Respondents Date of hearing. 1st October, 1997.

ALLAH JEWAYA and another

VS

MUHAMMAD BAKHSH and another

Law:

Section:

(a) Limitation Act (IX of 1908)-- ----Arts. 142 & 144---Civil Procedure Code (V of 1908), 5.115---Suit for possession on basis of title---Defendants denying ownership claim of plaintiff and setting up their own title on basis of alleged 40 years' old possession---Suit was decreed by two Courts below---Validity---Plaintiff's title to property in question, was fully established from documentary as well as oral evidence--Demarcation report and sale-deed in favour of plaintiff proved that property in question was the same which was purchased by plaintiff from original owner--Defendants conceded that they had not been recorded as owners thereof--Defendants never claimed to be in adverse possession of property in question, therefore, point of limitation was baseless---Defendants' claim that their possession was forty years' old could not be adverse against owner---Period of limitation began to run from date of dispossession of plaintiff and at the most when he purchased land in question on 14-7-1976---Suit having been filed in 1979 was well within time---High Court would not interfere in exercise of revisional jurisdiction against concurrent findings of fact unless there was material irregularity or illegality affecting decisions of Courts below---Even erroneous decisions on facts were not revisable except on basis of material irregularity or illegality---No irregularity or illegality having been pointed out, concurrent findings of Courts below would not warrant interference in revisional jurisdiction of High Court. Inayat Ali v. Mst. Saeeda Begum and 8 others 1987 CLC 445; Mst.Shah Sultana and others v. Abdul Khaliq and another 1987 SCMR 1791; Abdul Hamid Khan and 5 others v. Inayat Khan and 2 others PLD 1958 (W.P.) Lah. 99; Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063; Fazal Din v. Muhammad Hussain 1994 CLC 1475; Muhammad Zaheer Khan and another v. Muhammad Zamir Khan 1987 SCMR 1144; Abdul Hameed v. Ghulam Muhammad 1987 SCMR 1005; Haji Muhammad Zaman v. War Ali Khan and others PLD 1986 SC 88 and Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53 ref. (b) Civil Procedure Code (V of 1908) ----OXXVI, R.10---Demarcation report of Local…
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