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2011 SCMR 317

MUNEEB AHMED KHAN and others vs PROVINCE OF PUNJAB and others

Citation2011 SCMR 317
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 318-L of 2007
Date2010-03-19
Judge(s)Mian Saqib Nisar, M. A. Shahid Siddiqui, Tasaddaq Hussain Jillani
ResultLeave refused

ORDER

' TASSADUQ HUSSAIN JILLANI, J.---The suit of the petitioners-plaintiffs stands dismissed vide the impugned judgment dated 10-10-2006 and the learned High Court in reversing the judgment and decree of the learned Court below came to the conclusion that the suit property is in possession of Education Department and a school is functioning over there in possession of the respondents.

2. The case of the petitioners is that they were allotted the suit land and that the respondents took forcible possession of the same since long. However, admittedly, neither any date of dispossession has been given in the plaint nor in the evidence led by the petitioners-plaintiffs. The report submitted by the Evacuee Trust Property Board, pursuant to the order of this Court dated 24-1- 2007, is to the effect that the suit land was evacuee trust property and the same was allotted to a school and school is functioning since 1950.

3. In the afore-referred circumstances, the impugned finding of the learned High Court to the effect that the respondents had acquired the prescriptive title in terms of section 28 of the Limitation Act is unexceptionable. This petition having no merit is accordingly dismissed and .

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