Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Co-sharer---Family partition---Scope---Contention of plaintiff was that defendant was co-sharer in the suit land who illegally and without partition wanted to snatch the possession of the said land---Suit was dismissed concurrently---Validity---Suit land was in the exclusive possession of defendant---Vendor/defendant had not alienated the land in excess of his share out of total suit property---Possession of vendor/defendant was on the specific land due to family arrangement---Family division even if admitted did not extinguish the title of other co-sharers---Possession and sale by the co-sharer would debar other co-sharers to get back such possession or challenge the instrument of alienation/sale---Such family arrangement would be subject to adjustment at the time of partition as would have been the case if vendor had not sold the land---No mis-reading or non-reading of evidence or misconstruction of law had been pointed out in the impugned s and decrees passed by the courts below---Appeal was dismissed in circumstances. PLD 1978 SC (AJ&K) 75 and 2007 SCR 363 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope---Concurrent findings recorded by the courts below could not be interfered with in second appeal unless there was some mis-reading or non-reading of evidence or some misconstruction of lay. 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 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 Smahni District Bhimber, against…

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