MUHAMMAD ASLAM And Others vs MUHAMMAD HUSSAIN And Other
This matter originated as a petition for leave to appeal against a judgment of the Lahore High Court dated 22-8-1988. The Supreme Court of Pakistan granted leave to appeal to examine several core legal questions. Specifically, the Court intends to determine whether a purported family agreement existed, whether such an agreement contravened any law, and whether it could be given legal effect. Furthermore, the Court will address the issue of adverse possession, specifically examining when the possession of the property in question became hostile and the legal consequences thereof. Pending the final disposal of the appeal, the Court ordered the maintenance of the status quo and directed the petitioners to furnish security for costs and mesne profits. The appeal is to be heard on the existing record, with parties granted liberty to submit additional documentation deemed necessary for the final adjudication of the dispute.
- Whether a family agreement exists and if it contravenes any law?
- Can a family agreement be given legal effect?
- When does possession of property become hostile in the context of adverse possession?
ORDER
RUSTAM S. SIDHWA, J.---This is a petition by Muhammad Aslam and others, petitioners, seeking leave to appeal against the judgment of the Lahore High Court dated 22-8-1988.
2. Arguments heard. Leave is granted to examine, inter alia, the question whether there was a family agreement, as alleged, and if so, did it contravene any law and whether it could not be given effect to or cannot be given effect now. The question of adverse possession will also be examined in this context and as to when possession became hostile and with what effect, The petitioners shall furnish security in this Court in the sum of Rs.5,000 and shall also furnish security' for mesne profits to the satisfaction of the Tehsildar concerned, within two months. The appeal shall be heard on the present record. The parties are at liberty to file such further documents as they consider necessary and proper for the full and final disposal of the appeal. Status quo shall be maintained, till the final disposal of the appeal.