P L D 1952 Dacca 95 (PLP)
REZAUR RAHMAN KHAN and others‑Appellants Versus MAKHANNESSA alias MA‑LEKENNESSA, as Mutwali of the Wakf Estate of late Munshi MUHAMMAD ABDUR RAUF and others‑Respondents
| Citation | P L D 1952 Dacca 95 (PLP) |
| Forum / Court | |
| Bench Members | Muhammad Shahabuddin, C. J. and Ispahani, J |
| Parties | REZAUR RAHMAN KHAN and others‑Appellants Versus MAKHANNESSA alias MA‑LEKENNESSA, as Mutwali of the Wakf Estate of late Munshi MUHAMMAD ABDUR RAUF and others‑Respondents |
Q1: What are the key laws and sections cited in P L D 1952 Dacca 95 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1952 Dacca 95 (PLP)?
The case was heard and decided by the bench comprising: Muhammad Shahabuddin, C. J. and Ispahani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1952 Dacca 95 (PLP) (REZAUR RAHMAN KHAN and others‑Appellants Versus MAKHANNESSA alias MA‑LEKENNESSA, as Mutwali of the Wakf Estate of late Munshi MUHAMMAD ABDUR RAUF and others‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Radhikaranjan Guha, Syed Modaris Ali and Jnanabrata Ray, for Appellants.
- Birendra Kumar De, Khondkar Muhammad Hasan and Nurul Huda, for Respondent.
Headnotes / Summary
Bengal Alluvial Lands Act, (1920), S. 5 (1)‑Reference under‑Not a suit‑Limitation Act (IX of 1908), S. 28 Whether applicable‑Submersion of land‑Whether title could be acquired against true owner during period of. A case under section 5 (1) of the Bengal Alluvial Lands Act is in fact a reference and not a suit, and it is only for the purpose of procedure that the Act provides that it shall be deemed to be a suit. The only point for determination in this suit or reference is the question of title. Section 28 of the Limitation Act refers to a suit for possession. Reference under section 5 (1) of the Bengal Alluvial Lands Act is not a suit within meaning of section 28 of Limitation Act. So long as the lands remain submerged, no title can be acquired against the true owner, and constructive possession of lands, if any, remains in the true owner. For the statute of limitation to apply there must be both absence of possession by the original owner as well as actual possession by another. Aziz Uddin v. Maqbul Hussain I L R 1939 All. 454, p. 457; Secretary of State for India in Council v. Krishnamoni Gupta and others 29 I A 104 ; Gobordhan Banerjee v. Sukhomoy (alias) Bhowani Prosad Banerjee and others 83 C L J 373, p. 388 ; Sree Promotha Nath Roy and others v. Kishore Lal Saha and others A I R 1917 Cal. 802, p. 804 ; Swamirao Shriniwas Parvati v. Bhimabai Kom Padappa Desai and another 45 Bom. 1020, p. 1023 ref.
Judgment & Decree
ISPAHANI, J.
‑I agree. A. H. Appeal dismissed.