Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)------------S. 13 --- Constitution of Pakistan. (1973), Art. 185(3) --- Leave to appeal was granted to examine inter alia whether the agreement of sale relied upon by the appellants was genuine and if so what was its effect and that in any case the appellants had perfected their title 'through adverse possession. (b) Limitation Act (IX of 1908)------ ---- Art. 144 --- Constitution of Pakistan (1973), Art.2A --- Adverse possession--­ Possession was not to be considered adverse if its origin could be referred to a lawful title, whenever that was possible --- Person who claimed to have entered into possession as a trespasser would be presumed not to have done so if at the time he so entered he had some lawful title of possession---Principle underlying the rule that if origin of possession was based on legality, no adverse possession would begin until denial to knowledge of owner, elucidated. The possession is not to be considered adverse if its origin can be referred to a lawful title, whenever that is possible; because, a person who claims to have entered into possession as a trespasser will be presumed not to have done so if at the time he so entered he had some lawful title of possession. This in reality is based on the historical and jurisprudentially aspect of adverse possession. When the possession was initially permissive, it can be converted into adverse possession only through an aggressive act by which there should be disclaimer of owner's title of such a character and so open that the real owner must be presumed to know that possession adverse to his title has been established. Nothing but a clear, unequivocal and notorious disavowal of the title of the owner will render the possession adverse a long continued, possession hostile to him. In other words there must be express and open denial of the title of true owner and animus of exclusive ownership. Accordingly, where possession can be referred to a lawful title it will not be considered to be adverse. A defendant entering into possession or being in possession on the assumption of lawful title could not divest himself of that title "by…

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