Mst. RESHMAN BIBI vs AMIR and others
This petition for leave to appeal arose from a civil dispute where the petitioner, Mst. Reshman Bibi, sought a declaration of ownership of land based on a claim of adverse possession for over twelve years. The trial court initially decreed the suit in her favor, but the appellate court reversed this decision, dismissing the suit, which was subsequently upheld by the Lahore High Court in revision. The Supreme Court addressed the core legal question of whether a co-sharer can claim adverse possession against other co-sharers of the same property. The Court held that because the parties were established as co-sharers and co-heirs through inheritance, the petitioner could not maintain a claim of adverse possession. The Court emphasized that a co-sharer is an owner of every inch of the joint property, making adverse possession legally incompatible with co-ownership. Furthermore, the Court noted that pleas of absolute ownership and adverse possession are mutually destructive. Finding no error in the concurrent findings of the lower courts, the Supreme Court dismissed the petition and refused leave to appeal.
- Can a co-sharer claim adverse possession against other co-sharers of the same property?
- Are pleas of absolute ownership and adverse possession mutually destructive?
- Is the entry of a mutation necessary for co-heirs to become co-sharers upon the opening of inheritance?
' SARDAR MUHAMMAD RAZA KHAN, J.---Leave to appeal is sought against the judgment dated 19-8- 1999 passed by an Honourable Single Judge of Lahore High Court, Multan Bench in Civil Revision No,454-D of 1999.
2. Mst. Reshman Bibi filed a suit against the respondents claiming that she was the exclusive owner-in-possession of the suit-land by adverse possession for a period of more than twelve years. The suit was resisted by the respondents and on 26-2-1995, it was decreed by the trial Court.
The respondents filed appeal heard by learned Additional District Judge, Pakpattan, who accepted the appeal and dismissed the suit. The decision was upheld in the revision and hence this petition.
3. It is abundantly proved on record that as per Revenue documents the parties are co-sharers as well as co-heirs. It is a settled proposition of law that one co-sharer is an owner in each and every inch of the joint property. In these circumstances, no co-sharer can claim adverse possession.
4. From the pleadings it appears that the lady-plaintiff had taken the plea of absolute ownership in the suit-land but at the same time had claimed adverse possession as well. Again we areconstrained to observe that adverse possession is not referable to a lawful title. Both the pleas are destructive of each other. From 1958 onwards the parties are recorded as co-owners. There is a peculiarity in the co-ownership as well, in that, the co-sharership is the result of devolution of inheritance. Needless to reiterate that devolution of inheritance is automatic and the co-heirs become co-sharers, the moment inheritance opens. Even the entry of mutation etc. Is also not necessary.
5. In the circumstances, the evidence has rightly been appreciated by the two Courts below. We need not interfere in the concurrent findings which otherwise are correct as well. There being no force in the petition, it is hereby dismissed and leave to appeal is refused.
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