Law:

Section:

(a) Limitation Act (IX of 1908)-------Arts.120 & 142---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted by Supreme Court to consider; whether in view of of Supreme Court in case titled Abdul Majeed and 6 others v. Subhan and 2 others, reported as 1999 SCMR 1245, High Court had wrongly applied Art.120 instead of Art.142 of Limitation Act, 1908; whether High Court had not disturbed concurrent findings recorded by Trial Court and Lower Appellate Court without any material available on record to reverse the findings; and whether High Court had accepted evidence produced by respondents illegally and without assigning any reason. Abdul Majeed and 6 others v. Muhammad Subhan and 2 others 1999 SCMR 1245 rel. (b) Specific Relief Act (I of 1877)-------S. 8---Limitation Act (IX of 1908), Arts. 140 & 142---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Recovery of possession---Limitation---Onus to prove---For filing suit for possession, Arts. 140 and 142 of Limitation Act, 1908, are the two relevant provisions---Suit for possession of immovable property, when plaintiff has been dispossessed is covered under Art.142 of Limitation Act, 1908 and time is to be reckoned from the date of plaintiff's dispossession---Provision of Art.144 of Limitation Act, 1908, is residuary Article for the class of suits for possession, as it is applicable when special provision for such a suit is otherwise not provided---Period of 12 years, for a suit under Art.144 of Limitation Act, 1908, is to be reckoned from the date when defendant's possession becomes adverse to plaintiff---Burden of proving dispossession within twelve years of filing of suit under Art.142 of Limitation Act, 1908, lies on plaintiff, whereas the onus under Art.144 of Limitation Act, 1908, is on defendant to establish that he remained in adverse possession for more than 12 years. Noor Muhammad v. Abdul Qadeem 1995 SCMR 522 rel. (c) Specific Relief Act (I of 1877)-------Ss. 8 & 42---Limitation Act (IX of 1908), Arts. 140 & 142---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Recovery of possession---Limitation---Onus to prove---Plaintiff was owner of suit land and sold the…

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