Law:

Section:

(a) Constitution of Pakistan (1972), Art. 186-Sufficient reliable evidence existing to show exclusive ownership of plaintiff-­Parties acting on amicable partition and taking possession of their respective properties-Respondent's conduct showing relinquishment of his claim-Findings on such questions of fact reached by Courts below concurrent-Interference refused. (b) Partition-Unregistered and unstamped document-Value of-Document of amicable partition unregistered and unstamped­ Could not be relied upon for purpose of proving partition itself-Such document could, nevertheless, be relied on to lend support to a claim of exclusive possession of property involved-Registration Act (XVl of 1908), S. 49. Although the document of amicable partition could not be relied on for the purpose of proving the partition itself, it can nevertheless be relied on for the purpose of lending support to the plaintiff's claim that he was in exclusive possession of the property in question. ORDER SALAHUDDIN AHMED, J.-This petition concerns property bear­ing municipal Nos. 7-3/17 to 21, situated on Wafa Road, Quetta. The property along with other properties situated in Quetta and Gujranwala originally belonged to one Fazal Dad. Fazal Dad died leaving three sons, Allah Ditta, Maula Bux and Allah Bux. Petitioner Fazal Karim is the son, Mst. Iqbal Begum the daughter and Mst. Said Bibi, the widow of Maula Bux who died in 1956. Allah Bux filed a suit on the 23rd June 1958 against Syed Yar Mohammed, Fazal Karim, Mst. Iqbal Begum and Mst. Said Bibi for a declaration that the property in suit belonged exclu­sively to the plaintiff. Syed Yar Mohammed was the decree holder in a money suit against Maula Bux. The plaintiff's case wits that in accordance with an amicable arrangement dated the 27th March 1932, which was presided over by Syed Ahmad Shah son of Syed Ghulam Yasin, the property. had been given to the plaintiff exclusively. The respondents on the other hand claimed that the property was jointly owned by the two brothers, Maula Bux and Allah Bux. On the death of Maula Bux his heirs Fazal Karim, Mst. Iqbal Begum and Mst. Said Bibi succeeded to the joint owner­ship of the property with Allah…

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