1981 PLP 1411 (CLC)
Rias KHAIR MUHAMMAD, AND 4 OTHERS‑Appellants Versus IMDADULLAH SHAH‑‑Respondent
| Citation | 1981 PLP 1411 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Zafar Hussain Mirza, J |
| Parties | Rias KHAIR MUHAMMAD, AND 4 OTHERS‑Appellants Versus IMDADULLAH SHAH‑‑Respondent |
Q1: What are the key laws and sections cited in 1981 PLP 1411 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1411 (CLC)?
The case was heard and decided by the Karachi bench comprising: Zafar Hussain Mirza, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1411 (CLC) (Rias KHAIR MUHAMMAD, AND 4 OTHERS‑Appellants Versus IMDADULLAH SHAH‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- A. Mateen for Appellant.
- Syed Ali Nazar for Respondent.
- Date of hearing: 20th August, 1980.
Headnotes / Summary
(a) Question of fact‑‑ ‑‑Pleadings‑.Plea of fact not raised by parties ‑.‑ Court not entitled to dispose of suit on such plea‑‑Appellant establishing his title to property and defendant failing to prove arty right to possession thereof‑Appellant, held, clearly entitled to a decree for possession in circumstances of case.‑[Pleadings‑Posses sion]. (b) Limitation Act (IX of 1908)‑ ‑‑ Arts. 142 & 144‑‑Adverse possession‑Suit not based on prior possession but on title of appellant in property‑Contention that in order to be entitled to a decree for possession appellant must prove his possession within 12 years of date of suit, held, without force‑‑Person in established possession can defend his possession even without establishing title in himself against all persons except rightful owner.‑[Possession]. Official Assignee v. Muhammad Hussain P L D 1978 Kar. 27‑ ref.
Judgment & Decree
(a) Question of fact‑‑ ‑‑Pleadings‑.Plea of fact not raised by parties ‑.‑ Court not entitled to dispose of suit on such plea‑‑Appellant establishing his title to property and defendant failing to prove arty right to possession thereof‑Appellant, held, clearly entitled to a decree for possession in circumstances of case.‑[Pleadings‑Posses sion]. (b) Limitation Act (IX of 1908)‑ ‑‑ Arts. 142 & 144‑‑Adverse possession‑Suit not based on prior possession but on title of appellant in property‑Contention that in order to be entitled to a decree for possession appellant must prove his possession within 12 years of date of suit, held, without force‑‑Person in established possession can defend his possession even without establishing title in himself against all persons except rightful owner.‑[Possession]. Official Assignee v. Muhammad Hussain P L D 1978 Kar. 27‑ ref. A. Mateen for Appellant. Syed Ali Nazar for Respondent. Date of hearing: 20th August, 1980.