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Regular Second Appeal No. 147 of 1972, decided on 24th September, 1980.
--- S. 100‑Second appeal‑Failure on part of appellant to argue an issue of law arising out of facts‑‑Held, does not bar appellant to reagitate such issue in second appeal.
Evasion of law‑Cannot be tolerated simply because phraseology of plaint has been carefully selected.
Jawahar Lal v. Mathura Prasad A I R 1934 All. 661 ref
‑‑‑ Property not capable of physical possession or otherwise not in possession of anyone‑‑Rightful owner to be presumed in possession of such property‑Possession of v4cant site or vacant land goes with title of rightful owner‑Possession in case of doubt, follows title.
It is settled law that when a property is not capable of physical possession or is otherwise not in possession of anyone then it is the rightful owner who shall be presumed to be in possession thereof. The possession of vacant site or vacant land naturally goes with the title of the rightful owner.. In case of doubt the presumption always is that possession follows title. It is well established that in case of lands which for one reason or the .other are not occupied by anyone the legal possession must be supposed to be of the actual owner.
D. M. Kamil for Appellant.
Amiruddin Khan Khattak for Respondents.
Date of hearing : 17th September, 1980.
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