Law:

Section:

Limitation Act (IX of 1908)-------Arts. 142 & 144---Adverse possession---If the starting point in a claim of adverse possession is relatable to a claim of lawful title as well then after a fight on the basis of a permissive possession if that claim is given up or is lost then from that point of time onward only the adverse possession could start. Mirza Ghulam Hussain v. Ch. Iqbal Ahmad PLD 1991 SC 290; Ali Akbar v. Malook 1991 SCMR 829 and Adam Khan v. Mumtaz Khan 1991 SCMR 832 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This direct appeal relates to the question of claim of adverse possession by the appellants/defendants' side as against admitted position that ~ the respondents' side are the original owners. The High Court reversed the trial Court judgment dismissing the respondents/plaintiffs' suit and instead decreed the same in the following facts and circumstances: 'The suit land measuring 3 Kanals 1 Marla and bearing Khasra No.896/464 is situated in Gujrat City within the revenue estate of Nawan Noorpur, Tehsil and District Gujrat. It is common ground between the parties that the land is owned by the respondents; it was purchased by their predecessor-in-interest, Dr. Imam Din, by means of a deed of sale dated 13-2-1936. The respondents' case is that they had given the land to Fateh Muhammad, father of the defendant, Haji Muhammad Akram, the predecessor-in-interest of the appellants' side, in June, 1969, at a montly rent of Rs.50. Fateh Muhammad paid rent till August, 1974, and as he failed to pay rent "for about a year or so he thus committed himself a defaulter in terms of the Rent Restriction Ordinance". Dr. Muhammad lqbal, plaintiff, instituted proceedings under the Rent Restriction Ordinance for his eviction on 3-5-1976. The petition was dismissed by the learned Rent Controller's judgment dated 31-3-1979 and the appeal of Dr. Muhammad Iqba). was dismissed by the judgment of the learned District Judge, dated 27-10-1980, on the ground that the relationship of landlord and tenant did not exist between the parties. During the pendency of the eviction proceedings, Fateh Muhammad instituted a suit for injunction, restraining the respondents from…

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