CLC 1981

1981 PLP 812 (CLC)

Sardar Said Muhammad Khan, J Versus KARAMAT HUSSAIN SHAH AND 6 OTHERS‑Respondents

Jurisdiction / Court
Azad J & K
Decided Date
Civil Appeal No. 32 of 1979, decided on 21st May, 1980.
Honorable Judges
Sardar Muhammad Sharif Khan, Actg. C J and
Case Reference Summary (AEO Optimized)
Citation 1981 PLP 812 (CLC)
Forum / Court Azad J & K
Bench Members Sardar Muhammad Sharif Khan, Actg. C J and
Parties Sardar Said Muhammad Khan, J Versus KARAMAT HUSSAIN SHAH AND 6 OTHERS‑Respondents
Primary Law (a) Limitation Act (TX of 1908)‑, (h) Limitation Act (IX of 1908)‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1981 PLP 812 (CLC)?

This judgment primarily cites: (a) Limitation Act (TX of 1908)‑, (h) Limitation Act (IX of 1908)‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1981 PLP 812 (CLC)?

The case was heard and decided by the Azad J & K bench comprising: Sardar Muhammad Sharif Khan, Actg. C J and.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1981 PLP 812 (CLC) (Sardar Said Muhammad Khan, J Versus KARAMAT HUSSAIN SHAH AND 6 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(a) Limitation Act (TX of 1908)‑ (h) Limitation Act (IX of 1908)‑

Representation

  • Ch. Lal Hussain for Appellants.
  • Agha Ashiq Hussain for Respondents.

Headnotes / Summary

S. 28‑Ownership by adverse possessionParties names existing jointly on record as owners of property in half and half‑Part of such land also owned by respondents sold by appellants' forefathers long before year 1993‑94 B. K. but no steps taken by respondents to get trans fer nullified‑Appellants alone redeeming part of property mortgaged by their father‑Revenue records showing appellants cultivating land in dispute as owners‑Respondents making claim only when land acquired by GovernmentStatutory period for adverse possession of appellants, held, established.‑[Adverse possession]. ‑‑ Art. 144‑Co‑sharers‑Entry of name in Revenue papers‑Revenue records showing appellants and their forefathers in possession of suit land as owners and not admitting co‑sharing of respondents Transfer of land in appellants' name only from joint Khewats and ignoring names of respondents appearing therein‑Held, overt act of appellants and their forefathers of not admitting respondents as co owners in Khewats in question. Date of institution : 16th August, 1978.

Judgment & Decree

(a) Limitation Act (TX of 1908)‑-- S. 28‑Ownership by adverse possessionParties names existing jointly on record as owners of property in half and half‑Part of such land also owned by respondents sold by appellants' forefathers long before year 1993‑94 B. K. but no steps taken by respondents to get trans fer nullified‑Appellants alone redeeming part of property mortgaged by their father‑Revenue records showing appellants cultivating land in dispute as owners‑Respondents making claim only when land acquired by GovernmentStatutory period for adverse possession of appellants, held, established.‑[Adverse possession]. (h) Limitation Act (IX of 1908)‑

‑‑ Art. 144‑Co‑sharers‑Entry of name in Revenue papers‑Revenue records showing appellants and their forefathers in possession of suit land as owners and not admitting co‑sharing of respondents Transfer of land in appellants' name only from joint Khewats and ignoring names of respondents appearing therein‑Held, overt act of appellants and their forefathers of not admitting respondents as co owners in Khewats in question. Ch. Lal Hussain for Appellants. Agha Ashiq Hussain for Respondents. Date of institution : 16th August, 1978.