1. S. USMAN ALI SHAH, J.---Muhammad Hussain petitioner seeks leave to appeal against the order of the Lahore High Court dated 31-1-1987, arising out of a suit filed by Rehmat Ali plaintiff/respondent wherein it was contended that he was the owner of the suit property measuring 6 kanals comprising in Khata No.94/93, Khatooni No.490, Killa No.24-A of Mauza Taj Garh, upon which the petitioner was a tenant.
2. Muhammad Hussain defendant/petitioner contended the suit on legal and factual averments and pleaded that his title to the suit land was protected under section 53-A of Transfer of Property Act, the suit was barred by time and that he has become owner on account of adverse possession and above all he had obtained the title on the basis of an exchange deed executed in his favour. The learned trial Judge after recording evidence on the contesting issues decreed the suit of the plaintiff/respondent in his favour vide order dated 17-7-86.
3. The petitioner filed appeal before the Addl. Distt. Judge III, Rahimyar Khan which was dismissed on 7-12-86. His civil revision before the High Court also met the same fate vide order dated 31-1-1987.
4. After hearing the learned counsel in support of this petition on the question advanced by him, we are unable to agree with him because the two Courts below have held the petitioner as tenant and his possession is that of a trespasser, as the petitioner also took the stand that on account of his adverse possession he had become the owner of the disputed property. According to the observation of the High Court the petitioner in order to perpetuate his possession on the land in dispute is making feeble attempts by raising frivolous pleas. As the case stands concluded on the concurrent findings of facts of the Courts below against the petitioner, therefore, it is not a fit case for the grant of leave. The petition is dismissed.