Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 8---Suit for possession---Other co-owners of the property having not joined the respondent/plaintiff in bringing suit for possession and not even impleading him as party to the suit by the plaintiff; the suit was defective which was fatal as to its maintainability. Khaliq Ahmed v. Abdul Ghani and another PLD 1973 SC 214 fol. JUDGMENT SYED ZAHID HUSSAIN, J.---A suit for possession instituted by the respondent was contested by the petitioner which after due trial was dismissed by the trial Court on 3-4-1996. There against the appeal preferred by the respondent was, however, accepted by the learned Additional District Judge, Dipalpur and the petitioner was "directed to hand over possession of the disputed property to the appellant within three months". This was vide judgment dated 7-10-2000 which has been assailed through this revision petition. 2. The learned counsel for the parties have been heard. The pleadings of the parties as also the evidence led by them has been considered. 3. It was found by the trial Court that the respondent/plaintiff was one of the shareholders in the joint property which conclusion apart from other evidence was drawn on perusal of Exh.P-1. The learned appellate Court has also referred to the same document Exh.P-1. (i.e. a copy of Register Haqdaran for the year 19.90-91) and came to the conclusion that she was co-owner in the property. In view of such position when she has been found to be a joint-owner, leaving aside other aspects, it is to be seen whether her suit for possession without joining the other co-owners was…

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