| Case ID |
2363e8cc-778a-41c9-98cf-e37e5073be30 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 254 |
| Decision Date |
Jun 27, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the judgment of the Lahore High Court which had accepted the Second Appeal filed by the respondents. The petitioner claimed adverse possession of agricultural land for over twelve years, but the Court found that mere entries in revenue records did not constitute open and hostile possession against the true owners. The petitioner was unable to prove continuous and uninterrupted adverse possession, and therefore, the findings of the lower courts were deemed incorrect and the petition was dismissed. |
| Summary |
In the case of KHAIR MUHAMMAD vs KHUDA BAKHSH AND 2 OTHERS, the Supreme Court of Pakistan addressed the complex issue of adverse possession under the Limitation Act. The petitioner, KHAIR MUHAMMAD, had claimed ownership of agricultural land based on entries in the revenue record, asserting that he had been in adverse possession for over 12 years. The Court emphasized that to establish a claim of adverse possession, a petitioner must demonstrate continuous and uninterrupted possession for the prescribed period. The Court found that the entries cited by the petitioner did not amount to an overt act of possession against the actual owners. This decision underscores the importance of clear evidence in property disputes and the stringent requirements for claiming adverse possession under Pakistani law. Legal practitioners should note the implications of this ruling for future cases involving similar claims, particularly the necessity for concrete proof of possession and the challenges of overcoming conflicting ownership claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
ANWARUL HAQ, J
|
| Lawyers |
S. Inayat Hussain, Advocate-on-Record for Petitioner,
Nemo for Respondents
|
| Petitioners |
KHAIR MUHAMMAD
|
| Respondents |
KHUDA BAKHSH,
2 OTHERS
|
| Citations |
1976 SLD 136 = 1976 SCMR 69
|
| Other Citations |
Not available
|
| Laws Involved |
Limitation Act (IX of 1908)
|
| Sections |
Art. 144
|