Proof of possession

2025 SCMR 211 SUPREME-COURT Judicial Precedent

Ss.8, 42 & 54Suit for possession, declaration and injunctionAdverse possessionElectricity billsProof of possession

Suit filed by predecessor-in-interest of appellants was decreed in his favour but Lower Appellate Court allowed appeal and suit was dismissed

Judgment and decree passed by Lower Appellate Court were maintained by High Court

Validity

Possession of suit property was with predecessor-in-interest of respondents/defendants who had electricity consumption meter in their name but the same did not bear any fruit for them and had no effect on merits of the case

Such entries could never be termed as equivalent to ownership

Predecessor-in-interest of appellants was owner of suit house and after his death, the appellants stepped into his shoes

Status of predecessor-in-interest of respondents was that of a tenant and thereafter, respondents had stepped into his shoes

Sale mutations were of no help to predecessor-in-interest of respondents and their possession of suit house was not less than that of a trespasser

Supreme Court set aside judgments and decrees passed by Lower Appellate Court and High Court as Trial Court had rightly granted decree in favour of appellants

Appeal was allowed.

2017 YLR 1304 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 9(c) & 29Possession and trafficking of narcoticsAppreciation of evidenceProof of possessionScope

Once the prosecution had established the case under S.29 of Control of Narcotic Substances Act, 1997 burden would be shifted upon the accused to prove contrary to the plea of prosecution

In the present case, Chemical Examiner's report was in positive, which proved that substance recovered from the secret cavities of the truck of the accused was charas

Prosecution had established that the person who was found in possession of the narcotics had committed the offence while the defence had failed to discharge its burden in terms of S.29(d) of Control of Narcotic Substances Act, 1997

Appeal against conviction was dismissed accordingly.