Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 44---Limitation Act (IX of 1908), Art.142---Specific Relief Act (I of 1877), Ss.8 & 42---Suit for title and declaration---Suit property owned by two brothers in equal shares was sold by one of the brothers fifty-one years before filing of the suit by legal heirs of the other brother---Other brother of vendor who was predecessor-in-interest of plaintiffs had remained alive for a period of thirty-six years after sale of suit property and attestation of sale mutation thereof, without receiving either rent or produce of suit property and also had not resorted to any physical or legal action against the vendees of the suit-land---Predecessor-in-interest of the plaintiffs died fifteen years prior to institution of suit by his legal heirs and prior to his death neither predecessors-in-interest had filed suit nor his legal heirs had cared to file suit for title or for possession and kept silent for fifty-one years and had not challenged the consistent entries in the Revenue Record since the date of mutation---Plaintiffs had come to the Court challenging the entries of Revenue Record after a delay of fifty-one years without being in possession and without proving to have received the share of Batai from the defendants/vendees---Suit under Art.142 of the Limitation Act, 1908 being time-barred, was rightly dismissed by Appellate Court. Muhammad Hussain v. Khuda Bakhsh 1989 SCMR 1563 and Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063 ref. (b) Adverse possession-- ---- Question of adverse possession. was not attracted when possession of any person was referable to a lawful title. JUDGMENT Sameen Khan and four others, the legal heirs of one Aman Khan of Surkh Dheri, Tehsil and District Mardan, had succeeded in obtaining a decree as prayed for against Haji Mir Azad etc. in Civil Suit No.238/1 from the Court of Civil Judge 1st Class, Mardan on 18-6-1995. The same was set aside by the learned District Judge, Mardan vide his judgment, dated 16-4-1996, non-suiting the plaintiffs, and hence, this revision. 2. The predecessor-in-interest of the petitioners/plaintiffs, namely, Aman Khan and Mir Nawab were two…

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