1988 PLP 1765 (SCMR)
MIRA KHAN — Petitioner Versus GHULAM FAROOQ and others — Respondents
| Citation | 1988 PLP 1765 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ |
| Parties | MIRA KHAN — Petitioner Versus GHULAM FAROOQ and others — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 1988 PLP 1765 (SCMR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 1765 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Abdul Kadir Shaikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 1765 (SCMR) (MIRA KHAN — Petitioner Versus GHULAM FAROOQ and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Shakirullah Jan, Advocate-on-Record for Petitioners (in at Civil, Petitions Nos.175-P to 178-P of 1987 ).
- Nemo for Respondents (in four Civil Petitions).
- Date of hearing: 19th June, 1988.
- Mian Shakirullah Jan, Advocate‑on‑Record for Petitioners (in at Civil, Petitions Nos.175‑P to 178‑P of 1987 ).
Headnotes / Summary
(On Appeal from the judgment and decree of the Peshawar High Court, Peshawar dated 12-9-1987 in Civil Revisions Nos.651-654 respectively). --S. 115--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal, grant of--Contradictory pleas--Petitioner claiming ownership of suit land on ground of its purchase and through adverse possession- Sale-deed relied upon by him found to be spurious and finding on plea of adverse possession against him, held, was unexceptionable--Held further: Pleas of purchase and adverse possession could not stand together and clash was irreconcilable--Impugned judgment not suffering from any infirmity, leave to appeal was refused.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought in these petitions against Judgment dated 12‑9‑1987 of the Peshawar High Court; whereby petitioner's (defendant's) four Civil Revisions arising out of two Suits of the respondents were dismissed. The petitioner had set up claim to ownership of suit land which led to the filing of suits by the respondents to assert their title. They were dismissed on the ground firstly, that the petitioner had purchased the suit land; and secondly that he had matured his title through adverse possession. These findings were reversed by the appeal Court. The High Court, on petitioner's revisions declined to interfere. Therefore, these leave to appeal petitions. We have heard the learned counsel. He has reiterated the arguments raised in the High Court which were adequately dealt with. The deed of sale relied upon by the petitioner has rightly been held to be spurious. Similarly the findings on plea of adverse possession set up by the petitioner, which go against him, are un‑exceptionable. Moreover, in the circumstances of this case, the pleas of purchase and adverse possession could not stand together. The clash was irreconcilable. The impugned judgment does not suffer from any infirmity. Leave to appeal, therefore, is refused. M.I./M‑522/5 Petitions dismissed.