Mst. OMAI AND Othress vs HAKEEM KHAN AND Other — 1970 SCMR 499

Citation: 1970 SCMR 499

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-03

Parties: Mst. OMAI AND Othress vs HAKEEM KHAN AND Other

Headnotes

Case cited as 1970 SCMR 499

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: Mst. OMAI AND Othress vs HAKEEM KHAN AND Other Case No.: Civil Petition for Special Leave to Appeal No. 33-P of 1970 Date of Judgment:1970-04-03 Reported As: 1970 SCMR 499 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The dispute between the parties is in respect of property left by one Amar Din. Amar Din died in the year 1912. He was survived by his four sons, namely, Hakeem Khan, Fazal Khan, Abbas Khan and Izzat Khan. Abbas Khan died issueless. Hakeem Khan had left in the life time of his father, Amar Din. On his return to his village, a year before the institution of the suit, he demanded his 1/3rd share out of the property left by his father. This claim was resisted. He, therefore, filed a suit for possession of his 1/3rd share in the said property. The learned Senior Sub- Judge, Bannu, by judgment dated the 12th December 1959, held that the respon--dent Hakeem Khan was the son of Amar Din. He further held that the petitioners were in adverse possession of the suit land for over 12 years and dismissed the suit. On appeal, the learned District Judge, Derajat, by judgment dated. The 13th June 1960, held that the petitioners have not shown that their possession was adverse to the knowledge of Hakeem Khan and, therefore, the suit of the plaintiffs ought to have been decreed. He, there--fore, accepted the appeal. Petitioners challenged this judgment in Regular Second Appeal…

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