2005 PLP 2557 (YLR)

On the last date of hearing i.e. 9-6-2004 I had passed the following order: "The dispute between the parties is in respect of property No.W-II-15-S-2-A in Krishna Gali, Mohni Road, Lahore. This property comprises land measuring 5-1/2 Marlas together with a house constructed thereon. The property originally was owned by Mst. Hussain Bibi. When Mst. Hussain Bibi died, the property devolved on her two sons Rashid Ahmed, Saeed Ahmed and one daughter Mst. Kishwar Sultana in accordance with the Islamic Law of Inheritance. Saeed Ahmed and Mst. Kishwar Sultana sold their undivided 3/5 share in the property to Khawaja Muhammad Akhtar predecessor-in-interest of the present petitioners. (2)??????? There is no dispute as to the above facts. It is thus clear that the respondent Rashid Ahmed retained 2/5 undivided share in the suit property while the petitioners have become owners of the remaining 3/5 undivided share. This suit, however, was filed by the petitioners for possession of two inter-floors on the basis that the same were sold to their predecessor-in-interest, namely, Khawaja Muhammad Akhtar by the above mentioned Mst. Kishwar Sultana and Saeed Ahmed. The learned Appellate Court has held that possession of a specific part of the property could not have been allowed without a partition of the property in question. (3)??????? Before me, both parties have now agreed that the property be partitioned into two parts, one part C comprising 3/5 going to the petitioners and the remaining 2/5 going to the L.Rs. of Rashid Ahmed respondent who has since died. The three sons of Rashid Ahmed, namely, Jamshed Iqbal, Javed Iqbal and Shahid Igbal are present in person in Court. They state that they have two married sisters who reside out of Lahore. They, therefore, seek time to produce the said sisters in Court so that a consent order can be passed."

2. Today the two daughters of Rashid Ahmed deceased respondent, namely Mst. Nusrat Parveen and Mst. Riffat Parveen have appeared in person in Court. The entire matter has been explained to them and they understand the same. They confirm that they do not have any dispute with their brothers, namely, Jamshed Iqbal, Javed Iqbal and Shahid Iqbal. They also state that they have understood that a consent decree along the lines noted above, is to be passed in the case for partitioning the suit house.

3. In the foregoing circumstances, with the consent of the parties a preliminary decree for partition of the suit property is hereby passed. The suit property shall be partitioned and 3/5 partitioned share shall be the exclusive property of the petitioners and 2/5 share shall be exclusive property of the L.Rs. of Rashid Ahmed deceased respondent. A preliminary decree shall be drawn up in these terms and the matter shall be remitted to the learned trial Court for proceeding with the matter in accordance with law and for the purpose of passing a final decree.

4. Since both sides are represented and the L.Rs. of the respondent Rashid Ahmed are also present in person, they shall appear before the learned Senior Civil Judge, Lahore, on 5-7-2004. The learned Senior Civil Judge may either proceed with the matter himself or entrust the same to a competent Civil Court. This petition is accordingly disposed of. M.I./Z-39/L???????????????????????????????????????????????????????????????????????????????????????? Order accordingly.