2015 PLP 1661 (CLC)

ALI AKBAR QURESHI, J.

This civil revision calls in question the judgment and decree dated 18-3-2004, passed by the learned Addl. District Judge, Bhalwal, whereby the suit for possession, filed by the petitioners was dismissed.

2. Briefly the facts as stated in the record, that the petitioners/ plaintiffs filed a Suit for Possession on the basis of title of a piece of land measuring 18 kanals situated in village Badin, Tehsil Bhalwal, District Sargodha, on the ground, that the petitioners in exchange of their land acquired the suit land along with the possession; that the suit land was given to the respondents, who started paying the rent as tenants to the petitioners but thereafter refused to hand over the possession. The suit was contested by the respondents on the ground, that the respondents/defendants had acquired the title of the suit land on the basis of the adverse possession. The learned trial court out of controversial pleadings framed necessary issues, recorded evidence of the parties and after hearing the arguments finally decreed the suit on 28-11-1991. Against which an appeal was filed by the respondents, which was dismissed on 13-12-1992. Against the said judgment and decree dated 13-12-1992 a revision petition was filed before this Court, wherein the judgment and decree dated 13-12-1992 was set aside on 10-10-2001 and the case was remanded to the learned appellate court for its decision afresh. The learned Addl. District Judge, Bhalwal, in compliance of the remand order heard the arguments of the parties and finally accepted the appeal vide judgment and decree dated 18-3-2004. Hence, this revision petition.

3. Learned counsel for the petitioners at the very outset of the arguments referred issue No.4, which relates to the adverse possession claimed by the respondents. Learned counsel further submitted, that the learned appellate court has mainly decided aforesaid issue in favour of the respondent although the claim of adverse possession has been declared un-Islamic and no longer available in the field. Reliance is place on "Maqbool Ahmad v. State of Pakistan" (1991 SCMR 2063).

4. When it was confronted to the learned counsel for the respondents, learned counsel, although had no answer to this legal proposition but even then tried to defend the judgment "Maqbool Ahmad v. State of Pakistan" (1991 SCMR 2063).

5. To further find out the truth the record was perused with the assistance of learned counsel for the parties.

6. From the perusal of record it revealed, that the respondents had no title except the claim of adverse possession whereas on the other hand according to the revenue entries the petitioners exchanged the land. In this view of the matter, without further commenting upon the facts of the case it would be appropriate that the case be remanded to the learned appellate court to decide the same afresh on the basis of the available record and the law declared by the Hon'ble Supreme Court of Pakistan pertaining to issue No.4, which relates to the claim of the adverse possession of the respondents.

7. Resultantly, the judgment and decree dated 18-3-2004 passed by the learned appellate court is set aside and the case is remanded to the learned appellate court to decide the same afresh in view of the available record and the principle laid down by the Hon'ble Supreme Court of Pakistan, in the judgment supra.

8. Parting with the judgment parties to the case shall appear before learned District Judge, Sargodha, on 28-9-2015, who may hear the case himself or entrust it to any other competent Court. MWA/M-289/L