Law:

Section:

Limitation Act (IX of 1908)--Art. 144---Constitution of Pakistan (1973), Art. 185(3)---Plea of adverse possession and title by way of inheritance claimed by plaintiff in respect of land in question---Irreconcilable pleas raised in plaint---Result---Concurrent findings of fact---Effect---Defendants had been recorded in Revenue Record as owners while plaintiffs had been recorded therein as mortgagees and tenants---Plaintiffs' plea of adverse possession and title by way of inheritance being contradictory were irreconcilable---Plaintiff's suit, therefore, was liable to be dismissed on that short ground alone---Controversy raised before Supreme Court stood concluded by concurrent findings of fact by Courts below and no case was made out for interference---Leave to appeal was refused in circumstances. Muhammad Hussain Lughmani, Advocate Supreme Court instructed by Anwar H. Mir, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 6th March, 1995. ORDER IRSHAD HASAN KHAN, J.---The petitioners seek leave to appeal against the order of the Peshawar High Court, Circuit Bench Abbottabad dated 14-2-1994 whereby the civil revision filed by them was dismissed in limine. 2. The relevant facts are that the petitioners instituted a suit for declaration claiming ownership of the suit property to the extent of their share on the basis of adverse possession for more than 12 years and in the alternative possession of the suit land was prayed on the basis of inheritance. Entries in the Revenue Record describing them as mortgagees and tenants-at-will since the settlement of 1966-67 in the Mist Haqqiyyat were also challenged being mala fide and collusive. The learned trial Court, in view of the pleadings of the parties and the issues struck thereon and after appreciating the oral and documentary evidence on record, dismissed the suit vide judgment and decree dated 29-11-1990. Petitioners' appeal was dismissed by the learned District Judge, Mansehra by judgment and decree dated 10-2-1993. Likewise, the civil revision filed by them was also dismissed by a learned Single Judge of the Peshawar High Court vide order dated 14-2-1994. 3. A concurrent finding of fact has…

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