QURBAN HUSSAIN SHAH versus MASJID HANNA MAQBOOZA AHLE-ISLAM
Constitution of Pakistan 1973 Arts 142 and 144 of Constitution of Pakistan (1973), Article 185 (3) suit for occupying the premises which was given for the purposes of the mosque and which was in the possession of the trial court of the defendant. Was rejected. The retaining High Court found that as a mosque jurisprudential, a representative was competently sued in the capacity of the representative who was filed within the limits. And that the price of this case was right. The decision of the suit was proved by the High Court. The defendants claimed negative possession of the premises under question, they were required to prove their negative possession for the legal period through compelling evidence; no positive evidence was brought to the place of negative possession. The record, the defendant's plea was not established The High Court correctly concluded that since the mosque is owned by God, there will be no limitation against it and if anyone is in possession of it , It cannot claim any ownership rights over it and the place in which it resides, when the High Court examines the matter from every angle, its possession will not be settled, no interference is left.
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