Law:

Section:

Partition Act (IV of 1893)--- ----S. 4---Suit for partition---Properties mentioned in the plaint were joint between the parties to the suit---Preliminary decree passed by the Trial Court determining the shares of parties and identifying the joint properties was in accordance with law which was maintained---Local commission would see the partiability or otherwise of the joint properties according to shares of legal heirs of the deceased---Appeal was dismissed in circumstances. JUDGMENT IBAD-UR-REHMAN LODHI, J.---This appeal as also RFA No.556 of 2006 are to be disposed of together, as judgment and decree dated 19-7-2006 (the date "21-9-2006" was signed by the learned trial Judge in the decree-sheet), has been challenged in both the appeals. 2. A suit for partition was filed by respondent No.1 on 19-6-1999, seeking partition of joint properties, detail hereunder:-- (i). House Nos. 156, 157, 158, 159, situated in Block-C, Gulshan-e-Ravi, Lahore. (ii) Shop No.386, situated at Pakistan Cloth Market, Lahore. (iii) House No.F-2397, situated in Chuna Mandi, Lahore. (iv) Shop No.49, Pakistan Cloth Market, Lahore (3/4 share). (v) 1/6th Commercial and residential share of Chamber Lane Road, Lahore. claiming that Sheikh Iqbal Hussain, who at the time of his death, left the suit properties as his estate was survived through the parties to the partition suit, being legal heirs of deceased, who were entitled to their shares i.e. 1/6th to each son of Sheikh Iqbal Hussain, whereas, 1/12th to each daughter of said Sheikh Iqbal Hussain. 3. A Punchayat was also referred as has been held with regard to the partition of the estate of Sheikh Iqbal Hussain amongst the parties to the suit and a writing arrived at by that Punchayat was also placed on record, whereby, rights of all the legal heirs of deceased Sheikh Iqbal Hussain were accepted by each of them. 4. Defendants Nos. 1, 4 and 5 contested the suit by filing their written statement and also pleaded collusion of the plaintiff with defendants Nos.2, 3, 6 and 7. Regarding House Nos.157 and 159, situated in Gulshan-e-Ravi, Lahore, defendants Nos.1 and 4 claimed to have purchased by their own capital and, as such, according to their…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492