Partition and separate possession
Partition and separate possession legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Plaintiff filed suit claiming that suit property was owned by parties being legal heirs of deceased, and sought partition and separate possession thereof
Defendants, brother and step mother of plaintiff, took plea that suit property had actually been purchased by father of plaintiff but the same had been in name of plaintiff and defendants, whereas plaintiff was only benamidar
Plaintiff filed application seeking appointment of Nazir of the Court for resolution of dispute as to use of suit property
Validity
As per record, plaintiff and defendants were joint owners and co-sharers of suit property
Order XX, R. 18, C.P.C. provided mechanism for partition and separate possession of movable and immovable property
Order XX, R. 18(2), C.P.C. provided vast jurisdiction to court to record preliminary decree where partition or separation could not be conveniently made without further inquiry
Remedy for specific partition and possession in specific immovable or movable property was an exception to other reliefs, controlled and declared by Specific Relief Act, 1877
Where legal status of parties as sharers or joint owners was not disputed, course provided under O. XX, R. 18, C.P.C. should have been adopted
Predecessor of parties had gifted suit property equally to the parties, and their titles, being under same gift, could not be claimed to be Benami by any one of them
Party claiming any right on basis of independent title or character might file separate suit, but on that plea, process of partition would not stop, where prima facie legal status of parties as co-sharers and that of suit property was evident
High court passing preliminary decree appointed Nazir of court to inspect suit property and submit his report as to feasibility of partition thereof
Suit along with civil miscellaneous application was disposed off accordingly.
"Partition and separate possession", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124962175
Precedents & Case Laws citing "Partition and separate possession"
2017 M L D 1727
ZAFAR MAHMOOD KHAN — Plaintiff Versus MUHAMMAD ALI KHAN and another — Respondents
Court: Sindh1983 S C M R 931
ROCHIRAM AND ANOTHER — Petitioners Versus FEDERAL LAND COMMISSIONER-II AND 3 OTHERS — Respondents
Court: (b) Land Reforms Regulation, 1972 M. L. R. 115-2015 S C M R 1691
ZAFEER GUL — Appellant Versus Dr. RIAZ ALI and others — Respondents
Court: Supreme Court of PakistanP L D 1971 Karachi 920
Mst. SHAH JEHAN BEGUM — Appellant Versus MUHAMMAD SIDDIQUE AND 5 OTHERS — Respondents
Court:2007 Y L R 12
NAZEER AHMED — Applicant Versus MUHAMMAD ALI and others — Respondents
Court: KarachiP L D 1990 Karachi 328
ABDUL JABBAR KHAN and 25 others‑‑‑Plaintiffs Versus NAWABDIN and 52 others‑‑‑Defendants
Court: ‑‑‑‑S. 7(vi‑a) as added by Sindh Finance Act (XIII of 1974)‑‑‑Share in joint family property‑‑‑Enforcement of right to share‑‑‑Payment of court‑fee‑‑‑Provisions of S. 7(iv), Court Fees Act, 1870, after addition of clause (vi‑a) to S. 7 of the Act, are controlled by clause (vi‑a) of S. 7 of the Act‑‑‑Valuation of the suit for purposes of court‑fee, would thus be according to the value of the property claimed‑‑‑Plaintiffs could no more be permitted to give their own valuation to the reliefs to enforce their right to share joint property after promulgation of Sindh Finance Act, 1974.2007 C L C 621
MUHAMMAD ANWAR — Appellant Versus Dr. GOHAR ALI — Respondent
Court: KarachiP L D 1961 Supreme Court 349
AJIRUDDIN MONDAL AND ANOTHER‑Appellants Versus RAHMAN FAKIR AND OTHERS‑Respondents
Court: Supreme Court of Pakistan1973 S C M R 356
REHMAT ALI AND OTHERS‑ — Appellants Versus THE SETTLEMENT AND REHABILITATION
Court: High Court1989 S C M R 501
MUHAMMAD AKRAM and others — Petitioners Versus FAZAL KARIM and others — Respondents
Court: High Court