Law:

Section:

(a) Partition --------- ----------Family partition --------- Scope --------- Defendant had not alienated the land in excess of his share out of total suit property --------- Possession of defendant on specific survey number was according to family arrangement --------- Such family division (arrangement) even if admitted did not extinguish the title of other co-sharers --------- Possession and sale of specific survey numbers would debar other co-sharers to get back such possession or challenge the instruments of alienation/sale but same would be subject to adjustment at the time of partition --------- No misreading or non-reading of evidence or any misconstruction of law had been committed by the courts below --------- Appeal was dismissed. PLD 1978 SC (AJ&K) 75; 2007 SCR 363 and Mustafa Khan and others v. Muhammad Khan and another PLD 1978 SC (AJ&K) 75 ref. (b) Civil Procedure Code (V of 1908) --------- ----------S. 100 --------- Second appeal --------- Scope --------- Concurrent findings of facts could not be gone into until and unless there was some misreading, non-reading of record or some misconstruction of any law. THIS ORDER PASSED BY: SARDAR ABDUL HAMEED KHAN, JUSTICE:---------- The above titled 2nd appeal has been filed against the judgment and decree passed by the learned District Judge Bhimber on 09.05.2009, whereby the judgment and decree passed by the learned Civil Judge Samahni on 15.12.2006 was maintained. 2. Facts forming background of the captioned appeal are that the plaintiffs/appellants, herein filed a suit for declaration and perpetual injunction in respect of land, comprising Khewat No. 197/192 Khata No. 1257/1162 Khasra No. 2100, 1031 measuring 7 kanal and Khewat No. 197 Min Khata 1259/1163 Khasra Nos. 1027, 2098, 2099 measuring 6 kanal 8 marlas total measuring 13 kanal 8 marlas situated in village Chowki, Tehsil Samahni District Bhimber, against Muhammad Kareem and others, defendants /respondents, in the Court of Civil Judge Samahni on 12.01.2004. It was averred that the plaintiff and pro-forma defendant are co-sharers in the disputed land and defendants Nos. 1 to 10 illegally and without partition, want to snatch the possession…

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