Pakistan Case Lawโ† Search
1987 SCMR 168

MUHAMMAD ASLAM vs JALAL DIN And Another

Citation1987 SCMR 168
CourtSupreme Court of Pakistan
Case No.Civil Petition No.701 of 1986 Revision No.804-D of 1986
Date1986-11-11
Judge(s)Ali Hussain Qazilbash, Aslam Riaz Hussain
ResultPetition dismissed

ORDER

ALI HUSSAIN QAZILBASH, J.--This order will dispose of a petition for leave to appeal filed by Muhammad Alam against the order of a learned Single Judge of the Lahore High Court, dated 20- 4-1986, whereby his revision petition was dismissed.

2. The brief facts are that Jalal Din respondent brought a suit for possession of land measuring 3 Kanals 19 Marlas, situate in area of village Chiwinda, Tehsil Pasroor, District Sialkot, against the petitioner and respondents 2 to 10. The suit was contested and the stand of the petitioner and other defendants /respondents was that they had purchased the suit land through a registered sale- deed dated 25th April, 1930. After framing the necessary issues and recording the evidence of the parties, the learned Civil Judge, Sialkot, dismissed the suit. On appeal by Jalai Din, the learned Additional District Judge, Sialkot, however, found that he was owners of only 19 Marlas bearing Khasra No. 3/18/2 transferred to his father as an evacuee property and it was in possession of the petitioner and others. The appeal of Jalal Din respondent to the extent of 19 Marlas was accepted and the petitioner was directed to remove the malba within sixty days, vide judgment, dated 27-2- 1986. This time the appellate order was impugned by the petitioner by way of a revision petition which was dismissed through the impugned order.

3. We have heard the learned counsel for the petitioner and gone through the record of the case and we find that the petitioner has not been able to establish that he has matured his title over the suit land through adverse possession. We, therefore, find no force in this petitions and the same is dismissed.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch