Mst. KALSOOM BIBI vs MUHAMMAD AMIN AGHA (DECEASED) Claim — 2022 SCMR 929 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Mst. KALSOOM BIBI VS MUHAMMAD AMIN AGHA (DECEASED) Claim---Pre-requisites---For claiming an adverse possession a party claiming adverse possession admits the ownership of other side, but on the basis of long uninterrupted hostile possession claims the adverse possession. Head NotesCase Description Citation Name: 2022 SCMR 929 SUPREME-COURTBookmark this Case Mst. KALSOOM BIBI VS MUHAMMAD AMIN AGHA (DECEASED) S. 9---Suit for possession with regard to a portion of allotted property---Plea of defendants/appellants that portion of suit property that the plaintiffs/respondents sought to possess was not the part of the property allotted by the settlement authorities, but instead was in the ownership of the appellants---Held, that no allotment order existed on the file in favour of the appellants/defendants or conferment of proprietary rights in their favour with regard to suit property whereas they have claimed in the written statement that they were owner of the suit property and simultaneously they had raised another plea that on the basis of adverse possession they were the owner of the suit property---In the present case, there was no adverse hostile possession of the appellants because from a long time the matter was in litigation between the parties---Even otherwise now the ownership on the basis of adverse possession being contrary to the Islamic Injunctions was not available to the appellants---Claiming the ownership on the basis of allotment in their favour at one stage and raising the plea of adverse possession at the other were self-destructive---Party could not be allowed to blow hot and cold in the same breath---When admittedly no title document of the suit property in favour of the appellants was available, their stance disputing that the suit property was not the part of the property allotted to the plaintiffs-respondents did not find support from the record---Documentary evidence in the shape of orders of the settlement authorities which confirmed that the suit property was the part of the property which was allotted and confirmed in the name of the plaintiffs-respondents was not challenged by the defendants before the appropriate forum---High Court had rightly decreed the suit for possession filed by the respondents/plaintiffs---Appeal was dismissed. Head NotesCase Description

Mst. KALSOOM BIBI vs MUHAMMAD AMIN AGHA (DECEASED) Claim — 2022 SCMR 929 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 SCMR