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JAM BALLI ALIAS WALI versus MEHAR KHAN


Section 42 Constitution of Pakistan (1973) Article 185 (3) Comprehensive information of fact was recorded in the Jamabandi Register (Revenue Record) from 1937 38, by the competing courts claiming to claim on the basis of tenant negative possession. They, along with the Revenue Authorities, all the courts below refused to declare the defendants their owners on the basis of negative possession. Legally the plaintiffs were not entitled to a decree relating to their title because of adverse possession. The fact is that there was no legal or factual weakness or judicial error by the three courts, including the High Court.

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