Law:

Section:

(a) Adverse possession------- Defendant taking plea of allotment as well as of adverse possession regarding title of the property---Both pleas being contradictory and irreconcilable to each other, suit was liable to be decreed on this short ground. (b) Adverse possession--- ---- Pleas of ownership and adverse possession could not stand together, a person who asserts ownership over a certain property by purchase, would not be legally justified at the same time to say that his occupation of the property was hostile or adverse against the real owner. Mira Khan v. Ghulam Farooq and others 1988 SCMR 1765; Ghulam Qadir v. Ahmad Yar and others PLD 1990 SC 1049 and Abdul Majeed and 6 others v. Muhammad Subhan and 2 others 1999 SCMR 1245 ref. (c) Judgment--- ---- Judgment which was neither contrary to the evidence nor in violation of the principle of administration of justice, should ordinarily be preferred. Mir Muhammad, alias Miral v. Ghulam Muhammad PLD 1996 Kar. 202 and Ilamuddin through Legal Heirs v. Syed Sarfraz Hussain through Legal Heirs and 5 others 1999 CLC 312 ref. Mirza Israr Beg for Petitioner. Respondent: Ex parte. Date of hearing: 18th April, 2003. JUDGMENT Ghulam Muhammad, the original petitioner/defendant, and the predecessor-in-interest of the present petitioners, through the institution of the present revision petition, has called in question judgment and decree dated 29-1-1991 whereby the learned Additional District Judge accepted respondent's appeal, decreed the suit and reversed the judgment and decree dated 11-1-1989, passed by the learned Civil Judge, through which he dismissed the suit for possession, filed by Syed Farrukh Anwar as successor-in-interest of Syed Anwar Ali Shah. 2. Briefly stated the facts leading to the filing of the present petition are that Syed Farrukh Anwar, the predecessor-in-interest of the present respondents, claiming to be the successor-in-interest of Syed Anwar Ali Shah; on 12-5-1984, filed a suit, against Ghulam Muhammad, for possession of a portion of house, described in the plaint, asserting to be the owner of the said house by virtue of transfer order, issued by Rehabilitation Department. It was the case of the…

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