Law:

Section:

Specific Relief Act (I of 1877)-------S. 8---Limitation Act (IX of 1908), Arts. 142 & 144---Suit for possession---Adverse possession, plea of---Trial Court dismissed suit as time-barred after finding plaintiff to be owner of suit-land and rejected defendant's plea of adverse possession as not proved---Appellate Court dismissed plaintiff's appeal---Validity---Defendant had not questioned findings of Trial Court about his plea of adverse possession and ownership of plaintiff before Appellate Court or High Court---Article 142 of Limitation Act, 1908 would not apply as plaintiff had proved neither his possession over suit-land nor his dispossession by defendant---Starting point of limitation under Art. 144 of Limitation Act, 1908 was when possession of defendant became adverse to plaintiff---Finding of Courts below was that possession of defendant was not adverse---Courts below had, thus, acted without jurisdiction in finding suit to be barred by time---Possession of defendant not being adverse, whatever length of same might be, would not result in extinguishment of plaintiff's title---So long as title vested in the plaintiff, he would be entitled to get possession of land on basis of title---High Court accepted revision petition, set aside impugned s/decrees and decreed the plaintiff's suit. Mahboob Khan v. Hassan Khan Durrani PLD 1990 SC 778 and Alam Din alias Alam Sher and 3 others v. Alam Din PLD 1990 SC (AJ&K) 1 ref. Ch. Naseer Ahmad Tahir for Petitioner. Muhammad Younas Bhatti for Respondents. Date of hearing: 24th April, 2003. JUDGMENT On 8-1-1989 the petitioner filed a suit against the respondents. In the plaint it was stated that Mst. Hussain Bibi was the original owner of the suit-land mentioned in the plaint. She sold the same to the respondents vide Mutation No. 517 attested on 1-9-1960. The petitioner filed a pre-emption suit which was decreed in his favour on 20-12-1961. He deposited the pre-emption money and Mutation No.734 was attested on 15-9-1969 and he took possession of the land and cultivated it through a tenant. It was alleged that 2/3 years before the institution of the suit the respondents had taken over possession of the land. He…

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