1992 CLC 2114 KARACHI-HIGH-COURT-SINDH

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QURAISHUL MUJTABA QARNI VS S. USMAN ALI KAZMI Limitation Act 1908--SCHI, 139 , Limitation Act 1908 ---- S.2(f)(j) --- Limitation Act (IX of 1908), Art. 139 --- Relationship of landlord and tenant---Adverse possession --- Proof of --- Tenant denied relationship of landlord and tenant contending that he had remained in undisturbed and peaceful possession of premises in litigation for more than 12 years and as such he had acquired ownership of same through adverse possession as no rent was paid by him during that period --- Period of 12 years as prescribed under Article 139 of' Limitation Act, 1908, was to run from time when tenancy was determined --- Nothing was available on record to show that tenancy had been determined and if it had then from what date --- Article 139 of Limitation Act, 1908 having fixed period of limitation for riling a suit and not for filing application for eviction under Ordinance (XVH of 1979) which was a special Statute, plea of tenant in respect of adverse possession was not tenable.