ABDUR REHMAN vs MASDAR ALI KHAN — 1968 SCMR 1040

Citation: 1968 SCMR 1040

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-03-19

Parties: ABDUR REHMAN vs MASDAR ALI KHAN

Headnotes

Case cited as 1968 SCMR 1040

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: ABDUR REHMAN vs MASDAR ALI KHAN Case No.: Regular Second Appeal No, 314 of 1970 Date of Judgment:1971-03-19 Reported As: PLD 1971 Peshawar 140 Result: Appeal accepted JUDGMENT JUDGMENT This is defendant's appeal from the judgment and decree of the District Judge Hazara, whereby the District Judge accepted the appeal of the plaintiff respondent and granted him a decree for possession of the suit land. 2. The points for determination in this appeal are, firstly, whether the plaintiff's suit is within time, and secondly, whether the defendant has acquired a prescribed title by adverse possession. The learned trial Judge by his judgment dated 24-6-69 applying Article 142 of the Limitation Act, held that the plaintiff's suit is hopelessly barred by time. He also found that the defendant has failed to establish his prescribed title. The appellate Court by his judgment dated 13-5-1970, affirmed the finding of the trial Court that the defendant has not been able to prove the possession beyond 12 years adverse and hostile to the plaintiff-owner. He, however, held that the suit of the plaintiff would be definitely governed by Article 144 and not Article 142 of the Limitation Act, since the continuous and hostile possession of the defendant has not been proved, nor admitted by the lower Court, and as such the plaintiff's suit could not be dismissed on the question of limitation, as it is a case of Article 144 of the…

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