MOHAMMAD SAEED Versus KHALILUR REHMAN

Learned counsel for the parties agree as follows:‑

(i) Judgments and decrees passed by the two Courts below may be set aside and the suit remanded to the learned Trial Court for fresh decision.

(ii) Before deciding the case afresh, the learned Trial Court shall allow a reasonable opportunity to the petitioners (plaintiffs) to amend their plaint so as to plead ownership on the basis of adverse possession and then allow a similar opportunity to the respondents to file an amended written statement.

(iii) After getting amended pleadings, the learned Trial Court shall allow the parties to produce additional evidence on the question of adverse possession and then decide the suit afresh.

(iv) If it is ultimately found that the petitioners have not become owners of the disputed land through adverse possession, they shall hand over the possession of the land on which their adverse possession is not established, to the respondents without any hesitation on their part.

(v) Parties may be left to bear their own costs.

2. Order accordingly.

3. Parties shall appear before the learned Trial Court on 27th February, 1992.

H.B.T./S‑72/L Order accordingly.