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Regular Second Appeal No. 404 of 1977, decided on 2nd June, 1977.
‑‑Art. 144‑Adverse possession‑Words Basharah Malikan Bawaja patta Zabani', held, do not mean being in adverse possession‑Mere non‑payment of rent‑Does not make a tenant in adverse posses sion.‑[Adverse possession).
Fazal Elahi Jaffery for Appellant.
The matter is concluded by a finding of fact. The oral evidence was rightly ignored in the face of the documentary evidence which proves the appellants to be in possession as a tenant. The words Basharah Malikan bawaja patta Zabani" do not mean that the appellants are in adverse possession; nor mere non‑payment of rent makes a tenant in adverse possession."
M. Y, M. Appeal dismissed.
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