Law:

Section:

Specific Relief Act (I of 1877)---S. 8---Limitation Act (IX of 1908), S.28---Constitution of Pakistan (1973), Art.185(3)---Recovery of possession---Adverse possession, plea of---Decree passed by Trial Court was set aside by Appellate Court but High Court in exercise of revisional jurisdiction restored the same and the suit was decreed---Plea raised by the defendant was that the present case was filed much before the declaration of S.28 of Limitation Act, 1908 as repugnant to Injunctions of Islam---Validity---Question of adverse possession was a pure question of fact which must be proved through cogent and convincing evidence---In absence of such evidence, the mere continuous and uninterrupted possession for any length of time, would not be sufficient to set up a title adverse to the interest of true owner---Supreme Court refrained from going into the question of limitation and extinguishment of right of original owner in the suit property without dilating upon the fundamental question relating to the adverse possession which must be continued, exclusive, uninterrupted and hostile with visible denial of the title of the true owner---Heavy onus was on the defendant to prove uninterrupted and hostile title through strong and convincing evidence but the defendant failed to discharge the-basic onus of proving the adverse possession vesting title of the land in him to the satisfaction of law---High Court had committed no jurisdictional error by upholding the decree passed by the trial Court in exercise of revisional jurisdiction under S.115, C.P.C.---Supreme Court declined to take any exception to the view of High Court regarding application of S.28 of Limitation Act, 1908---Leave to appeal was refused. Maqbool Ahmad v. Hakoomat-e-Pakistan 1991 SCMR 2063 ref. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.----------This petition for leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, has been preferred against the judgment dated 27-10-2003 passed by a learned Single Judge of Lahore High Court, Lahore in a civil revision arising out of a suit for possession of land filed by the respondents against the petitioner in the Civil Court at Chiniot.…

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