Case Details

Citation(s)
1991 SLG 1752 1991 SLD 1752 1991 CLC 228
Lahore High Court
Civil Rev. No. 1344 of 1983, heard on 3rd November, 1992. DATE of hearing: 3rd November, 1992.
CH. MUSHTAQ AHMAD KHAN, J
Ch. Muhammad Rafiq Iqbal for Petitioners. Ch. Muhammad Abdullah for
Respondent.

ALLAH DITTA and 7 others

VS

Mst. HUSSAIN BIBI

Law:

Section:

(a) Muhammadan Law--- ----Inheritance---Co-sharer---Adverse possession---Rights of female---Plaintiff, being daughter of deceased landowner whose inheritance was in question, on death of her father, would inherit automatically alongwith other heirs and would become a co-sharer---Other co-sharers could not claim title by adverse possession against plaintiff---Even otherwise, there was no evidence about claim of adverse possession by defendants co-sharers as being open, continuous and hostile to the knowledge of plaintiff---Defendants co-sharers, thus, could not deny title of plaintiff as co-sharer---Bar of limitation would not apply in such case.--[Adverse possession] Sdr. Hassan Ara and 6 others v. Tajamal Hussain and 12 others 1982 CLC 653; PLD 1984 Pesh. III Khushi Muhammad v. WAPDA etc. 1992 CLC 196 and Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063 ref. Ghulam Ali v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Ghulam Qadir v. Ahmad Yar PLD 1990 SC 1050; Najabat and others v. Saban Bibi and others PLD 1982 SC 187 and Hyder Khan v. Chanda Khan (501 IC 691 (All). rel. (b) Limitation Act (IX of 1908)--- ----S. 28---Relief on ground of adverse possession---Provision of S. 28, Limitation Act, 1908, having been declared to be against the Injunctions of Islam and having ceased to be in force, no relief on the ground of adverse possession could be claimed by defendants/co-sharers.--[Adverse possession] Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063 rel. (c) Civil Procedure Code (V of 1908)--- ----S.115---Revision---No misreading or non-reading of evidence or any other legal infirmity with the rendered by Appellate Court having been pointed out, no interference was warranted in revisional jurisdiction. JUDGMENT Facts of the case out of which this civil revision has arisen are that Mst. Hussain Bibi daughter of Muhammad Din who is a respondent in this civil revision, filed a suit for possession of agricultural land to the extent of 1/8th share in the total land measuring 47 Kanals 4 Marlas situate in the revenue estate of Bhulowal Kalan, Kotli Loharan Western Tehsil and District Sialkot as being a daughter of Muhammad Din deceased. Case of the plaintiff is…
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