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1989 SCMR 1331

ZAITOON BEGUM and others vs Agha QASIM ALI and others

Citation1989 SCMR 1331
CourtSupreme Court of Pakistan
Case No.Civil Petition No,622 of 1982
Date1988-08-27
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultLeave granted

ORDER

ORDER

' SAAD SAOOD JAN, J.--The property in dispute is a house which belonged to Jeewan Khan, predecessor-in-interest of the respondents. In 1933 Jeewan Khan sold the house to Latafat Ali Shah, predecessor-in-interest of the petitioners. However, Jeewan Khan and after his death his widow Mst. Anwar Begum were allowed to remain in possession thereof as tenants. In 1953 the petitioners obtained an order of ejectment against Mst. Anwar Begum but did not execute the order. In 1958 Mst. Anwar Begum filed a suit for a declaration that the petitioners had no right in the land in dispute but it was dismissed for non-prosecution Subsequently, the petitioners filed a suit for possession but it was disposed of as having abated on account of their failure to implead the legal representatives of one of the deceased defendants.

2. The petition arises out of the suit filed by the respondents on 18-5-82 for a declaration that as they had been in adverse possession since the sale in favour of Latafat Ali Shah in 1933 they had become owners of the house in dispute. The suit was dismissed by the trial Court but in appeal it was decreed by the Additional District Judge, Lahore. The petitioners' revision petition in the High Court failed. They now seek leave to appeal from this Court.

3. In support of this petition it is contended that the predecessor-in-interest of the respondents became tenant under Latafat Ali Shah and their status as such was reaffirmed in 1954 when the order of ejectment was passed against Mst. Anwar Begum. It was, therefore, not open to them to take up the plea of adverse possession.

4. The contention raised on behalf of the petitioners needs examination.Leave to appeal is granted.

Security for costs in the sum of Rs, 5,000. The appeal may be made ready for hearing on the

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