' SAAD SAOOD JAN, ACTG. C J.---The petitioners brought two declaratory suits against the respondents. In one (C.P. No, 411 of 1993) they claimed that they were owners to the extent of 5/64th share in Khata No, 15 in the Jamabandi for the year 1966-67 relating to village Alipur of Tehsil Ferozewala. In the other (CP No, 412 of 1993) they claimed that they were the owners of 90 Kanals and 11 Marlas of land in Khata No, 9 of the same village,. The suits were resisted by the respondents.
Both suits were dismissed by the trial Court and the petitioners' appeal before the Additional District Judge failed. They then filed second appeals in the High Court but these too were dismissed. They now seek leave to appeal from this Court.
2. So far as C.P. No, 411-L/93 is concerned it is contended that the petitioners had become owners of the shares in the land claimed by them on account of adverse possession. This plea was examined by the High Court at some length and rejected with the observations that the petitioners being co- sharers along with the respondents could not claim adverse possession. The view taken by the High Court does not suffer from any infirmity. It need hardly be pointed out that there is no satisfactory evidence with regard to the ouster of the respondents. In CP No, 412-L/93 the respondents claimed to have become owners of the property in dispute as the forefathers of the petitioners failed to redeem mortgage created in their predecessor's favour in 1911 within the period of limitation. The petitioners were unable to successfully refute the claim of the respondents. The two petitions are without any merit and are hereby dismissed.