| Case ID |
050ff497-8e20-4037-b336-bd36f037bb7f |
| Body |
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| Case Number |
First Appeal No. 60 of 1951 |
| Decision Date |
Jan 08, 1955 |
| Hearing Date |
|
| Decision |
The appeal has been dismissed with costs, finding that the defendant, Khan Muhammad, failed to establish a continuous adverse possession of the disputed plots for the requisite twelve years. The court concluded that the possession of the land was interrupted by periods of submersion and that the jurisdiction of the civil court to grant possession was not barred by the provisions of the Punjab Consolidation of Holdings Act. The court emphasized that the Consolidation Officer's discretion to grant possession does not negate the right of a civil court to adjudicate on such matters, particularly in cases of trespass. |
| Summary |
In the case of First Appeal No. 60 of 1951, the Lahore High Court addressed the dispute between Khan Muhammad and Risaldar Ata Muhammad Khan regarding the possession of agricultural land situated in Bhakkar District. The court primarily examined the applicability of the Punjab Consolidation of Holdings Act and the Punjab Land Revenue Act, focusing on the jurisdiction of civil courts in matters of possession. The court ruled that the civil court retains the authority to grant possession even if a suit is filed within three years of the final consolidation scheme, contradicting the appellant's claims based on adverse possession. The decision highlighted that adverse possession must be continuous and actual, and breaks in possession due to natural events like flooding can disrupt claims of ownership. The ruling reinforces the legal principle that possession cannot be presumed in favor of a trespasser, thus upholding the rights of the original landholder. This case serves as a significant reference for future disputes involving agricultural land, consolidation laws, and the interpretation of possession under adverse conditions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. R. KAYANI,
AKHLAQUE HUSAIN
|
| Lawyers |
Ghulam Abbas Jafery,
Dr. Qutub-ud-Din Ahmad
|
| Petitioners |
Khan Muhammad
|
| Respondents |
Risaldar Ata Muhammad Khan
|
| Citations |
1955 SLD 141,
1955 PLD 436
|
| Other Citations |
Gurdit Singh v. Labh Singh 63 PR 1894,
Secretary of State v. Krisnamoni Gupta 89 I A 104,
J. B. Hearsey v. Karam Singh A I R 1917 Oudh 330,
Ramasray Prasad v. Ramsurat Singh A I R 1940 Pat. 131,
Hemanta Kumari v. Midnapore Zemindary Co. A I R 1942 Cal. 233
|
| Laws Involved |
Punjab Consolidation of Holdings Act, (IV of 1936),
Punjab Land Revenue Act, 1887
|
| Sections |
11,
158,
122
|