Law: Pakistan Penal Code, 1860

Section: 188

Law: Pakistan Penal Code, 1860

Section: 188

Law: Civil Procedure Code (V of 1908)

Section: O.I,r.8,O.VII,r.11

Law: Specific Relief Act, 1877

Section: 42,54

(a) Specific Relief Act (I of 1877)-------Ss. 42 & 54---Declaration and injunction, suit for---Maintainability---Principles---Plaintiff is required to establish his legal character to maintain suit for declaration-and injunction. (b) Adverse possession--- ----Concept---Scope---Rule of adverse possession is based on the principle of "Might is Right"---Use of might or force results in usurpation, ravishing, rapacity and destruction---Concept of adverse possession is adverse to principles of justice, equity and good conscience---Plea of adverse ,possession is a plea which is raised to deprive a legitimate owner from his lawful right over his property. (c) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Limitation Act (IX of 1908), S.28 [omitted by S.2 of Limitation (Amendment) Act (II of 1995)]---Declaration of title---Adverse possession---Scope---Plaintiff claimed to be in possession of government land for more than thirty years and sought declaration of title on the basis of adverse possession---Validity---After declaring S.28 of Limitation Act, 1908, repugnant to injunctions of Islam by Supreme Court, the same ceased to have effect---No decree could be passed on the ground of adverse possession after the target date viz. 31-8-1991, fixed by Federal Shariat Court and promulgation of Limitation (Amendment) Act, 1995---Plea raised by plaintiff to have decree on the basis of adverse possession was no more available to him to protect illegal and hostile possession over government land---Plaint was rejected in circumstances. Maqbool Ahmed v. Government of Pakistan 1991 SCMR 2063; 1996 MLD 1216 and Zainab Bibi v. Muhammad Sharif 2004 YLR 1395 ref. (d) Specific Relief Act (I of 1877)--- ----S. 42---Sindh Katchi Abadi Act (II of 1987)---Sindh Katchi Abadis Authority (Regularisation, Improvement and Development) Regulations, 1993---Suit for declaration---Direction to authorities---Scope---Land in question was owned by government and was a Katchi Abadi---Plaintiff claimed to be in possession of suit-land and filed suit under S.42 of Specific Relief Act, 1877---Plaintiff had sought issuance of direction to authorities to follow procedure envisaged in Sindh…

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