Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 8---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Suit for possession/ejectment by co-owner---Maintainability---Requirements---Suit for possession can be brought by all the co-owners jointly; it is open, however, to one of them also to sue for possession, but he must join the co-owners as defendants and the decree will be for joint possession and not in favour of the plaintiff only; unlike that, a suit for ejectment can be filed by one of the co-owners without joining the others as defendants---Other co-owners having not joined the plaintiff in bringing suit for possession and not even impleaded her as party to the suit by the plaintiff, suit was defective which was fatal to its maintainability. Khalique 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. Thereagainst 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 shareholder 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 1990-91 and come to the conclusion that she was…

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