J.M. Premawathie vs Tuan Mansoor – SC APPEAL 35/2021-2025

The Supreme Court considered the issue of proprietary title to land described in schedule ‘X’. The principal legal questions involved whether the Plaintiff’s documentary evidence (P4–P13) satisfied the statutory requirements, and whether the Defendants lawfully held prescriptive title or merely permissive possession. It was held that the Plaintiff’s title was conclusively proven and the Defendants’ plea of adverse possession was not supported by evidence, reaffirming the principle that permissive possession cannot mature into prescriptive title. The decision relied on the standards established in the Evidence Ordinance and the Civil Procedure Code, emphasizing that clear title and acknowledgements bar claims of adverse possession. The appeal was dismissed.

A.H.M.D. Nawaz J. — It was de