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1989 SCMR 1136

FAQIR MUHAMMAD vs GHULAM MUHAMMAD

Citation1989 SCMR 1136
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1311 of 1983
Date1988-08-30
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultPetition dismissed

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--The defendant in a suit for possession of a house has sought leave to appeal, against the dismissal by the High Court, of his Civil Revision.

2. ' The respondent's suit was dismissed as time-barred and it was held that the petitioner had become owner on account of adverse possession. The respondent's appeal was allowed. The findings of fact by the trial Court were reversed. The petitioner's Civil Revision having been dismissed, he has now sought leave to appeal.

3. It is not denied that the onus regarding adverse possession fell heavily on the petitioner. It is also not denied that the petitioner had in complaint before a Magistrate admitted that he was a tenant under the plaintiff-respondent. The explanation that the said statement was made in respect of another house obviously was an afterthought. The findings of fact rendered against the petitioner do not suffer from any infirmity. This petition, therefore, is dismissed.

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