Law: Contract Act, 1872

Section: 214

(a) Partition--- ----Suit for partition of joint-property---Limitation---Scope---Right to enforce partition of joint property, for being a continuing right, would not be bound by any period of limitation---Mere holding of possession of joint property by one co-sharer/owner would not disentitle order co-sharers/owners from claiming partition thereof---Limitation would be irrelevant in case of suit for partition, which could be filed at any time. Sarakhi Abdul Rahiman Trangan and another v. Muhaidin Pathaummal Bivi and another AIR 1917 Madras 244; Habib-ur-Rehman v. Abdul Rahman and 3 others 1987 CLC 195; Hamayun Kabeer v. Oaiser Nazir 2006 MLD 1496; Moinuddin Paracha v. Sirajuddin Paracha 1994 CLC 247; Moolchand and 9 others v. Muhammad Yousuf (Udhamdas) and 3 others PLD 1994 SC 462 and Jan Muhammad and another v. Abdur Rashid and 5 others 1993 SCMR 1463 rel. (b) Co-sharer--- ----Co-sharer in possession of joint property could alienate or transfer (i.e. by gift) his share in Khata and deliver possession of property in his control---Such share purchased by vendee would be subject to partition, and he could not claim exclusive possession till partition of joint Khata. Jan Muhammad and another v. Abdur Rashid and 5 others 1993 SCMR 1463 rel. (c) Contract Act (IX of 1872)--- ----S.214---Principal's property without his approval gifted by attorney in favour of his son---Validity---Attorney could not make such gift. Fida Muhammad v. Muhammad Khan PLD 1985 SC 341; Faqir Muhammad v. Pir Muhammad 1997 SCMR 1811; Muhammad Yasin v. Dost Muhammad PLD 2002 SC 71; Jamil Akhtar v. Las Baba PLD 2003 SC 494; Muhammad Ashraf v. Muhammad Malik PLD 2008 SC 389; Muhammad Yousuf v. Iqbal Bibi 2005 CLC 1839 and Maqsood Ahmad v. Salman Ali PLD 2003 SC 31 rel. (d) Partition--- ----Suit for partition of property in joint-khata---Scope---Co-sharer/owner could not seek partition of a portion of joint property without consent of other co-sharers, otherwise his suit would not be maintainable. Noor Muhammad v. Allah Ditta PLD 2009 SC 198 and Samar Gul v. Central Government PLD 1986 SC 35 rel. (e) Administration of justice--- ----Court can grant such relief as justice of case may demand. (f)…

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