Law:

Section:

(a) Limitation Act (IX of 1908)----S. 28 & Art. 144---West Pakistan Land Revenue Act (XVII of 1967), S.39---Qanun-e-Shahadat (10 of 1984), Art. 92---Claim of ownership on basis of adverse possession---Claim decreed by all Courts concurrently--¬Validity ---Plaintiff had pleaded continuous, hostile, exclusive and uninterrupted possession over suit property for more than four decades without any challenge---Copies of Jamabandi and Khasra Girdawari Registers showing defendant recorded therein as owner in possession would not by itself. establish any right, interest or title to properties described therein---Presumption of correctness attached to such entries had been adequately rebutted by plaintiff---Plaintiff had established through evidence their right and title to property beyond doubt--¬Exclusive possession of plaintiff over suit property was admitted by defendant's counsel---No substantial question of law of public importance was involved---Supreme Court dismissed petition and refused leave. (b) West Pakistan Land Revenue Act (XVII of 1967)----- ----Ss. 39, 42 & 43---Entries in revenue record---Meant for fiscal purposes and not conclusive proof of ownership. (c) Limitation Act (IX of 1908)--- ----S. 28 & Art. 144---Constitution of Pakistan (1973), Art. 203-F--¬Adverse possession, plea of---Availability---Decree passed on 14-11-1970---Contention of defendant was that plea of adverse possession was not available to plaintiff in view of law laid down in Maqbool Ahmed v. Government of Pakistan 1991 SCMR 2063---Validity---Such law would be operative w.e.f. 31-8-1991 and would not govern past and closed transactions---Impugned decree could not be assailed on such ground. Maqbool Ahmed v. Government of Pakistan 1991 SCMR 2063 ref. JUDGMENT RANA BHAGWANDAS, J.---Petitioners seek leave to appeal against the Lahore High Court, Multan Bench, judgment, dated 16-2-1999 in R.S.A, No. 557 of 1972 whereby concurrent findings of fact in a suit for declaration and permanent injunction filed by the respondents predecessor-in-interest were upheld. 2. Respondent Khuda Bakhsh (since dead) filed a suit for declaration and permanent injunction in respect of house…

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