Pakistan Case Law
1990 SCMR 265

SARDARA vs KHANQA H PIR SHAH BADSHAH

⭐ Prefer in Google
Citation1990 SCMR 265
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 391 of 1989
Date1989-05-14
Judge(s)Ghulam Mujaddid and Saad Saood Jan
Authored bySaad Saood Jan
ResultLeave is refused.
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for special leave to appeal challenged the concurrent findings of the trial court, the District Judge, and the High Court, all of which rejected the petitioners' claim of adverse possession over the disputed property. The core legal question before the Supreme Court was whether the petitioners had successfully established the essential elements of adverse possession based on the evidence presented, specifically relying on the entries contained in the Jamabandi. Upon review of the record, the Supreme Court found that the entries in the Jamabandi did not support the petitioners' claim or advance their case in any manner. Consequently, the Court affirmed the lower courts' findings that the plea of adverse possession was not substantiated. The Supreme Court held that in the absence of evidence establishing the requisite elements of adverse possession, the concurrent findings of the lower courts were correct and did not warrant interference. Leave to appeal was refused, thereby maintaining the status quo established by the lower courts regarding the property in dispute.

Questions settled in this judgment
  • Can a plea of adverse possession be established solely on the basis of Jamabandi entries that do not support the claim?
  • Does the Supreme Court interfere with concurrent findings of lower courts regarding adverse possession when evidence is insufficient?
adverse possessionJamabandiconcurrent findingsleave to appealproperty dispute

ORDER

1. ' SAAD SAOOD JAN, J.--The only question for consideration in this petition for special leave to appeal is whether the petitioners have been able to establish their plea of adverse possession. The trial Court as well as the District Judge rejected this plea and the High Court in revisional jurisdiction affirmed their findings in this regard. In support of this petition, learned counsel has referred us to the relevant Jamabandi. After examining the entries therein we do not find that they advance the case of the petitioner.

2. Leave is refused.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.