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Citation: 1972 SCMR 608
Court: Supreme Court of Pakistan
Year: 1971
Decision Date: 1971-12-31
Parties: MUHAMMAD IBRAHIM KHAN AND Others vs Maulvi BEHRAM (THROUGH HIS JUDGMENT
Case cited as 1972 SCMR 608
Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq Title:MUHAMMAD IBRAHIM KHAN AND Others vs Maulvi BEHRAM (THROUGH HIS JUDGMENT Reported As: 1972 SCMR 608 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from the judgment of a learned Single Judge of Peshawar Nigh Court in a regular second appeal. This appeal arose out of a suit filed by the first three petitioners herein and one Mst. Naimai (since deceased) for a declaration that they are the owners in possession of lands entered in Khata No. 61/308, Khasra No. 4403, measuring 3 kanals, situated in the area of Mouza Sufaid Dheri. The suit was brought because, the lands had been entered in the revenue records in the names of respondents Nos. 1 to 6 as owners. Respondents Nos. 2 to 6 had also purported to sell the lands to respondents Nos. 7 and 8. The petitioners claimed that these entries were wrong and that the sale was null and void and, in the alternative claimed that they should be given possession of the suit lands, if it is found that they are not in possession. The suit was contested by the respondents who claimed that they had purchased the suit lands from the predecessors-in-interest of the petitioners by a registered sale deed executed on the 27th of October 1933 and that, in any event, they had acquired title to these lands by adverse possession for over 12 years. Issues were framed, but before evidence could be…
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