Law:

Section:

(a) Limitation Act (IX of 1908)--Art. 144---Adverse possession---Finding arrived at first by District Court and then the High Court that petitioners were the respondent's lincesees had attained finality---Plea of adverse possession raised on behalf of petitioners being clearly inconsistent with the said findings, it was not possible for the High Court to accept the petitioners' claim of adverse possession having already accepted the finding that possession of the petitioners was permissive. Ali Akbar v. Malook 1991 SCMR 829; Adam Khan v. Mumtaz Khan 1991 SCMR 832 and Mirza Ghulam Hussain v. Ch. Iqbal Ahmad PLD 1991 SC 290 ref. (b) Civil Procedure Code (V of 1908)--- ----O.XX, R.12---Mesne profit ---Wrongul possession---When the occupants declined to vacate the disputed property and started asserting their own right and title, they became liable for payment of mesne profit on account of wrongful possession. ORDER MAMOON KAZI, J.---The petitioners are legal heirs of late Nawabzada Wilayat Ali Khan son of Nawabzada Liaqat Ali Khan, the first Prime Minister of Pakistan. Their revision petition filed before the Lahore High Court (Rawalpindi Bench) has been dismissed, vide judgment, dated 25-2-199? and aggrieved by the said judgment, the petitioners have filed this petition, for leave to appeal. The facts of the case are that, Property No.S-51-R-62 (49-B, Lawrence Road, Lahore) being an evacuee property was transferred to Nawabzada Mumtaz Ali Khan, predecessor-in-interest of the respondents. Nawabzada Wilayat Ali Khan, who was closely related to Nawabzada Mumtaz Ali Khan, had to vacate the rented house which he had occupied alongwith his family members. Therefore, he was accommodated by the respondents in a portion of the; disputed premises on the former's request. In March 1975, the respondents sought the petitioners' ejectment on the grounds of (a) default, (b) damage to the property, and (c) personal requirement. The petitioners resisted the said proceedings claiming to be owners by virtue of a gift allegedly made by Nawabzada Mumtaz Ali Khan in favour of Jehangira Begum, mother of Nawabzada Wilayat Ali Khan. However, the respondent's ejectment application was…

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