MANJHA AND 7 Others vs Haji ABDUL MAJID AND 32 Other — 1972 SCMR 34

Citation: 1972 SCMR 34

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-26

Parties: MANJHA AND 7 Others vs Haji ABDUL MAJID AND 32 Other

Headnotes

Case cited as 1972 SCMR 34

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: MANJHA AND 7 Others vs Haji ABDUL MAJID AND 32 Other Case No.: Civil Petition for Special Leave to Appeal No. 198 of 1971 R. S. A. No. 21 of 1962 Date of Judgment:1971-11-26 Reported As: 1972 SCMR 34 Result: Leave refused JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This petition is from the judgment of a Division Bench of the Lahore High Court (Bahawlpur Circuit) allowing the respondent's appeal and decreeing their suit for possession. The property in dispute consists of 8 field numbers, covering an area of 56 kauals, and it had been purchased on 7th June 1950, by Jam Ghazi (plaintiff No. 1) father of respondents Nos. 1-5, from two persons, Allah Ditta and Ahmad Bakhab, by a registered deed of sale. Respondents Nos. 1 to 4 are sons of Jam Ghazi. The plaintiffs claim to be owners of the disputed land. From the aforesaid mutation proceeding they came to know that the defendants were trying to assert adverse prescriptive title to the land and the plaintiffs, therefore, filed a suit for possession against the defendants on 24-5-1956. The defendants admitted the registered sale deed as also the title of the plaintiffs but set up prescriptive title alleging adverse possession for more than 12 years, which according to them, had matured long before the date of sale. They admitted inter alia the existence of the said registered deed of sale but alleged that it was collusive and without…

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