| Citation(s) |
|---|
| 1990 SLG 1181 1990 SLD 1181 1990 SCMR 1613 |
Supreme Court of Pakistan
Civil Appeal No. 461 of 1988, decision dated: 16-05-1990.
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, J
M. Ahmed Hassan Khan, Advocate Supreme Court and Mahmood A. Qureshi, Advocate- on-Record for Appellants. Sh. Hamid Mukhtar, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record, for
Respondents.
Civil Appeal No. 461 of 1988, decision dated: 16-05-1990.
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, J
M. Ahmed Hassan Khan, Advocate Supreme Court and Mahmood A. Qureshi, Advocate- on-Record for Appellants. Sh. Hamid Mukhtar, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record, for
Respondents.
Mst. ZAITUN BEGUM and others
VS
Agha QASIM ALI and others
Law:
Section:
Limitation Act (IX of 1908)-------Art. 144---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Constitution of Pakistan (1973), Art.185---Claim of ownership by way of adverse possession---Plaintiff's suit claiming to be in adverse possession was dismissed by Trial Court but in appeal was decreed so also in revision by the High Court---Leave to appeal---In an ejectment application against plaintiff, plaintiff had taken plea that she was residing in the house being the owner of property but her contention was repelled and order of ejectment was passed against her--Order of ejectment however, was not executed---Once it had been held by a competent Court that there existed relationship of landlord and tenant between the parties, tenant or his/her successor-in-interest could not claim better title than their predecessor- in-interest---Question of adverse possession would not arise in view of order of ejectment passed against plaintiff/respondent in spite of the fact that same had not been executed---Appeal was allowed and plaintiff's suit decreed by Appellate Court and High Court in revision was set aside. JUDGMENT ABDUL QADEER CHAUDHRY, J.--- This appeal by leave of the Court has arisen out of the following facts. The dispute relates to House No.082-A/3, Delhi Road, Saddar Bazar, Lahore Cantt. The respondents brought a suit against the appellants claiming to be in adverse possession of the suit property. The suit was contested by the appellants and as many as seven issues were framed by the trial Court. Both the parties led evidence in support of their respective pleas. The learned trial Court by means of order dated 9-7-1980 dismissed the suit, The respondents filed an appeal which was accepted by the Additional District Judge on 7-3-1982. The appellants challenged this order by way of revision in the High Court but the same was dismissed. We have heard the learned counsel for the parties. It has been contended by the learned counsel for the appellants that an ejectment order has been passed against Mst. Anwar Begum wife of Malik Jeewan Khan who died in 1960. Agha Qasim 'Ali was a party to those proceedings but he did not allege that he was in…
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