Pakistan Case Law
1988 SCMR 1765

MIRA KHAN Versus GHULAM FAROOQ

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Citation1988 SCMR 1765
CourtSupreme Court of Pakistan
Judge(s)Muhammad Afzal Zullah and Abdul Kadir Shaikh

ORDER

1. MUHAMMAD AFZAL ZULLAH, J .‑‑Leave to appeal has been sought in these petitions against Judgment dated 12‑9‑1987 of the Peshawar High Court; whereby petitioner's (defendant's) four Civil Revisions arising out of two Suits of the respondents were dismissed.

2. The petitioner had set up claim to ownership of suit land which led to the filing of suits by the respondents to assert their title. They were dismissed on the ground firstly, that the petitioner had purchased the suit land; and secondly that he had matured his title through adverse possession. These findings were reversed by the appeal Court. The High Court, on petitioner's revisions declined to interfere. Therefore, these leave to appeal petitions.

3. We have heard the learned counsel. He has reiterated the arguments raised in the High Court which were adequately dealt with. The deed of sale relied upon by the petitioner has rightly been held to be spurious. Similarly the findings on plea of adverse possession set up by the petitioner, which go against him, are un‑exceptionable. Moreover, in the circumstances of this case, the pleas of purchase and adverse possession could not stand together. The clash was irreconcilable. The impugned judgment does not suffer from any infirmity. Leave to appeal, therefore, is refused.

4. M.I./M‑522/5 Petitions dismissed.

Cited by 5 cases

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