| Case ID |
092c8629-2452-49d6-9599-1a6de67a9451 |
| Body |
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| Case Number |
Civil Petition No. 203 R of 1979 |
| Decision Date |
Dec 11, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming the High Court's decision which overturned the trial court's ruling. The petitioners failed to prove adverse possession, as they admitted the respondents were the rightful owners of the land. The court emphasized that the burden of proof lies with the party claiming adverse possession, which must demonstrate that their possession was open and hostile to the true owner's rights. The petitioners' own admissions undermined their claims, and the court upheld the principle that mere long possession does not suffice to establish adverse possession without meeting the requisite legal conditions. |
| Summary |
In the case of Juma Khan and Others vs. Abdul Karim and Another, the Supreme Court of Pakistan addressed the critical issue of adverse possession. The court examined the legal principles surrounding the burden of proof in claims of adverse possession, emphasizing that the claimant must demonstrate possession that is open, hostile, and adverse to the true owner's rights. The petitioners, who sought to claim ownership through adverse possession, failed to meet these conditions, particularly as their own submissions acknowledged the respondents as the rightful owners. The court reinforced the notion that mere long-term possession does not equate to legal ownership without fulfilling the necessary legal criteria. The decision serves as a significant reference in property law, especially concerning the Limitation Act and the Constitution of Pakistan, highlighting the importance of clear legal standards in adjudicating property disputes. This case underscores the necessity for parties to substantiate their claims with robust evidence and adherence to established legal principles, making it a pivotal judgment in the realm of property rights and adverse possession claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
MUHAMMAD AFZAL ZULLAH, J
|
| Lawyers |
Bashir Ahmad Insari, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate on-Record
|
| Petitioners |
JUMA KHAN,
ANOTHERS
|
| Respondents |
ANOTHER,
ABDUL KARIM
|
| Citations |
1980 SLD 267,
1980 SCMR 364
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908),
Constitution of Pakistan (1973)
|
| Sections |
Art. 144,
Art. 185 (3)
|