Law:

Section:

Limitation Act (IX of 1908)--Art. 144---Constitution of Pakistan (1973), Art.185(3)---Inheritance---Adverse possession against co-sharers---Legality---Title or remedy of an heir is not lost by influx of time---Defendant while accepting that on merit of High Court would not be liable to be set aside, if law of inheritance was kept in view, contended that plaintiffs' suit should have been dismissed because on account of influx of time, title with regard to suit land matured in favour of defendants on account of adverse possession---Held, even if question raised by defendants was held to be entertainable, plaintiffs being co-sharers could not be held to have lost their title or remedy on account of influx of time, nor it was a case of ouster--­Law laid down by Supreme Court in Ghulam Ali's case reported as PLD 1990 SC 1, would govern the present case; that heir in possession has to be considered to be in constructive possession of property on behalf of other heirs in spite of his exclusive possession---No other point having been raised, petition was liable to dismissal. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi P L D 1990 SC 1 rel. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been, sought by the defendants' side; against the dismissal by the High Court, of their Civil Revision. It had arisen out of a declaratory inheritance suit. The petitioners have lost throughout. Learned counsel while accepting that on merits the impugned judgment would not be liable to be set aside if Muslim law of inheritance is kept in view,…

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