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Petitioner: FAQIR MUHAMMAD VS Respondent: GHULAM MUHAMMAD
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: FAQIR MUHAMMAD vs GHULAM MUHAMMAD Case No.: Civil Petition No,1311 of 1983 Date of Judgment:1988-08-30 Reported As: 1989 SCMR 1136 Result: Petition dismissed
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The defendant in a suit for possession of a house has sought leave to appeal, against the dismissal by the High Court, of his Civil Revision. ' The respondent's suit was dismissed as time-barred and it was held that the petitioner had become owner on account of adverse possession. The respondent's appeal was allowed. The findings of fact by the trial Court were reversed. The petitioner's Civil Revision having been dismissed, he has now sought leave to appeal. It is not denied that the onus regarding adverse possession fell heavily on the petitioner. It is also not denied that the petitioner had in complaint before a Magistrate admitted that he was a tenant under the plaintiff-respondent. The explanation that the said statement was made in respect of another house obviously was an afterthought. The findings of fact rendered against the petitioner do not suffer from any infirmity. This petition, therefore, is dismissed.