| Case ID |
1752157a-dc79-4eb2-bbda-06f8806b7936 |
| Body |
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| Case Number |
Letters Patent Appeal No. 56 of 1950 |
| Decision Date |
Jun 27, 1952 |
| Hearing Date |
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| Decision |
The court dismissed the appeals by holding that the defendants failed to establish adverse possession against the plaintiffs, who were co-sharers in the land. The court concluded that mere denial of title in partition proceedings does not equate to adverse possession. The plaintiffs were found to have maintained a position of co-ownership and the defendants' claim of having established title through adverse possession was rejected. The order of the Revenue Officer did not convey any finding on the merit of the claims, and the plaintiffs' claim remained intact. Thus, the appeals were dismissed with costs. |
| Summary |
In the case of PIRA and others vs HAKIM and others, the Lahore High Court addressed the issue of adverse possession between co-sharers. The court found that the defendants, claiming adverse possession, failed to establish their position against the plaintiffs, who were shown as co-sharers in the revenue records. The crucial point discussed was that a mere assertion of denial of title during partition proceedings does not initiate a claim of adverse possession. The court emphasized that for adverse possession to be established, there must be clear and overt acts demonstrating exclusion of co-owners, which were absent in this case. The judgment relied on precedents that clarified the requirements for claiming adverse possession against co-sharers, concluding that possession did not become adverse merely due to a denial of title. The appeals were dismissed, reaffirming the rights of the plaintiffs to co-ownership of the disputed land. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
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| Judges |
CORNELIUS, J.,
SHABIR AHMAD, J.
|
| Lawyers |
Jamil Hussain Rizvi,
Gul Muhammad Butt
|
| Petitioners |
PIRA and others
|
| Respondents |
HAKIM and others
|
| Citations |
1952 SLD 179,
1952 PLD 483
|
| Other Citations |
Muhammad Mumtaz Ali Khan v. Mohan Singh 50 Ind. App., p. 202,
Ghulam Nabi v. Thakar Singh A I R 1926 Lah. 238,
Muhammad Hassan v. Sohara A I R 1924 Lah. 389,
Mst. Jaidevi Kauri v. Dakshini Din A I R 1937 All. 300,
Jwala Prasad v. Lachhmi Narain A I R 1941 Oudh 415
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| Laws Involved |
Not available
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| Sections |
Not available
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