Dispute as to possession of land

2017 MLD 453 ISLAMABAD Judicial Precedent

S. 54Suit for permanent injunctionDispute as to possession of landCo-sharerScopePlaintiffs were co-sharers in the disputed Khasra and no partition had taken place between the co-sharers

Co-sharers were entitled to retain possession of land in their respective occupation until partition had taken place by metes and bonds

None of the co-owners could interfere in other's possession unless land co-owned by them was partitioned

Co-owner in possession could alienate his share and transfer the possession of his holding to another person which holding would be subject to partition

Purchaser of such land would not become the exclusive owner of specific un-partitioned jointly owned land

Co-owner enjoying exclusive possession of joint property could not be evicted by another co-sharer except by filing a suit for partition

Plaintiffs were co-owners of un-partitioned land in the Khasra and they could not be forcibly dispossessed from the land in their possession as co-sharers

Impugned judgment and decree passed by the Appellate Court did not make the plaintiffs exclusive owners of suit land which was in their possession

Appellate Court had only protected the peaceful possession of plaintiffs until the joint land was partitioned in accordance with law

Said judgment did not arm the plaintiffs to gain possession of joint land which was not in their possession at the time of institution of suit

Revision was dismissed accordingly.