JEET HUSSAIN vs JANAT BEGUM S — 2022 YLR 1331 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 YLR 1331 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: YLR
Parties: JEET HUSSAIN vs JANAT BEGUM S
Subject matter: Civil
Provisions referred to: S. 8---L; Limitation Act (IX of 1908); Limitation Act

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

Judgment text as reported

JEET HUSSAIN VS JANAT BEGUM S. 8---Limitation Act (IX of 1908), Arts. 144 & 142---Suit for possession---Adverse possession---Limitation---Scope---Plaintiff filed suit for possession claiming therein that he was owner of the suit land whereas the defendants were in possession of the land as Ghair Moroosi---Trial Court decreed the suit and Appellate Court dismissed the appeal---Validity---Plaintiff had filed suit on the basis of title on the suit land, so the contention raised by defendant that Art. 142 of Limitation Act, 1908, was attracted, had no force---Article 142 of Limitation Act, 1908, was applicable where plaintiff being originally in possession of property was dispossessed or discontinued to be in possession, whereas, Art. 144 was attracted when suit for possession was based on the essence of title---Time limit for filing a suit as detailed in Art. 144 was twelve years and the same was to be reckoned from the date when possession of defendant became adverse to plaintiff---Possession of the defendants had become adverse to the plaintiff's rights just one month ago---Courts below had accurately decided the issue of limitation---So far as contention of defendants that all the co-sharers were not impleaded was concerned, High Court observed that co-sharers were not necessary or proper party for the reason that nothing was claimed from the co-sharers---Appeal was dismissed.

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