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Second Appeal No. 10 of 1969, decided on 20th August, 1980.
‑‑Pleadings‑.Plea of fact not raised by parties ‑.‑ Court not entitled to dispose of suit on such plea‑‑Appellant establishing his title to property and defendant failing to prove arty right to possession thereof‑Appellant, held, clearly entitled to a decree for possession in circumstances of case.‑[Pleadings‑Posses sion].
‑‑ Arts. 142 & 144‑‑Adverse possession‑Suit not based on prior possession but on title of appellant in property‑Contention that in order to be entitled to a decree for possession appellant must prove his possession within 12 years of date of suit, held, without force‑‑Person in established possession can defend his possession even without establishing title in himself against all persons except rightful owner.‑[Possession].
Official Assignee v. Muhammad Hussain P L D 1978 Kar. 27‑ ref.
A. Mateen for Appellant.
Syed Ali Nazar for Respondent.
Date of hearing: 20th August, 1980.
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