2006 PLP 435 (MLD)
MUHAMMAD BASHIR — Petitioner Versus MUHAMMAD NAZIR and others — Respondents
| Citation | 2006 PLP 435 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD BASHIR — Petitioner Versus MUHAMMAD NAZIR and others — Respondents |
Q1: What are the key laws and sections cited in 2006 PLP 435 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 435 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 435 (MLD) (MUHAMMAD BASHIR — Petitioner Versus MUHAMMAD NAZIR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Liaqat Ali Butt for Petitioner.
- Ch. Muhammad Rafique Warraich for Respondents Nos.1 to 7, 9 and 10.
Headnotes / Summary
S.2
Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2
Suit for partition of joint Khasra
Plaintiff had claimed that he was co-owner of property in dispute and that without partition, its nature could not be changed so as to prejudice his rights
Defendants had contended that they had disputed the title of plaintiff and they being absolute owners were entitled to raise constructions over the portion of their choice of the property in dispute
Jamabandi for relevant year, prima facie had indicated that plaintiff was co-sharer in disputed Khasra numbers
Any change brought in the property in dispute, in circumstances, could cause damage to rights of plaintiff with respect to its partition
If defendants would feel necessity of raising any construction over property in dispute in their possessions, they could do so at their own risk and cost
Any construction raised by defendants after institution of suit, would not prejudice rights of plaintiff in any manner at the time of final partition.
Judgment & Decree
MUHAMMAD KHALID ALVI, J.
Brief facts of the case are that petitioner filed a suit for partition of joint Khasra Nos.687, 688 and 689 falling in Khewat No.170, Khatuni No.970. Khewat No.625, Khatuni No.1058 according to Jamabandi for the year 1998-99 Kalra Kalan. Along with the suit the petitioner also filed an application under Order XXXIX, rules 1 and 2, C.P.C. seeking restraint from raising further construction over the property in dispute. Respondents Nos. 8 to 10 made a statement before the Trial Court that they will raise construction at their own risk and cost, accordingly the learned trial Court vide order dated 4-10-2004 dismissed the said application. The same was assailed by the petitioner through an appeal which was also dismissed vide order dated 27-10-2004.
2. It is contended by the learned counsel for the petitioner that the petitioner is a co-owner of the property in dispute and without partition its nature should not be changed so as to prejudice the rights of the petitioner.
3. On the other hand, learned counsel for the respondents contends that respondents have disputed the title of the petitioner and the respondents being absolute owners are entitled to raise construction of their choice over the property in dispute.
4. I have considered the arguments of the learned counsel for the parties.
5. Jamabandi for the year 1998-99 placed on record, prime facie indicates that the petitioner is co-sharer in the disputed Khasra numbers. In the circumstances, any change brought in the property in dispute can cause damage to the rights of the petitioner with respect to its partition. However, if the respondents feel the necessity of raising any construction over the property in dispute in their possession, they may do so at their own risk and cost. However, any construction raised by them after the institution of the suit would not prejudice the rights of the petitioner in any manner at the time of final partition. With this observation, this petition stands disposed of. H.B.T./M-1332/L??????????????????????????????????????????????????????????????????????????????? Order accordingly.