Law:

Section:

(a) Limitation Act (IX of 19(18)-------S. 28---Adverse possession, 'plea of---Scope---Provisions of S.28, Limitation Act, 1908, having been declared to be repugnant to the Injunctions of Islam on 31-8-1991, have ceased to have any effect since then and does not stand on the statute book any more. 1991 SCMR 2063 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XXXIX. Rr.l & 2---Suit for injunction and declaration---Interim relief--­If an ultimate declaration could not be granted to the applicant, Court would be justified in refusing interim relief. 1991 SCMR 2063 rel. 1998 SCMR 1996 and 1995 MLD 1962 ref. , (c) Enforcement of Shariah Act (X of X1991)--- ----S. 4---Constitution of Pakistan (1973), Art.2A---Islamic laws are at a higher level than other general laws of the country. (d) Limitation Act (IX of 1908)--- ----Art. 144---Civil Procedure Code (V of 1908), O:XXXIX, Rr.l & 2---Interim injunction. grant of---Prima facie case---Plea of adverse possession---Adverse possession had to be adequate in continuity in publicity and to an extent to show that the possession was adverse to the competitor---Quality of adequacy, continuity and exclusiveness which could qualify adverse possession was absent in the case of the appellant/plaintiff inasmuch as notices were issued. to the appellant/plaintiff to remove the encroachment and vacate the disputed land--­Appellant/plaintiff had not been able to demonstrate to have been in lawful and bona fide possession of the suit land---In absence of any legal right, appellant/plaintiff could not be held to be having a prima facie case---Interim injunction was declined by Trial Court, which did not warrant any interference. JUDGMENT RAJA QURESHI, J.--- Questioned in this appeal is an order passed by the learned Single Judge of this Court on an application (C.M.A. 1934 of 1995) under Order XXXIX, Rules 1 and 2- C.P.C. in Suit No.249 of 1995. The suit instituted by the appellant is for declaration, injunction and cancellation of documents and contains following main prayers:----- "(a) declare that the plaintiff has acquired full right, title and interest by way of prescription /adverse possession. (b) declare that the…

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