Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O. XXXIX, Rr. 1 & 2--Suit for permanent injunction seeking restraining from taking forcible possession was dismissed--Partition proceedings--Until regular partition takes place between retain possession of land--Joint land--Validity--Every co-owner was presumed to be an owner in possession of each and every inch of joint land--It would not be proper to restrain co-owners from interfering with physical possession of another co-owner unless partition by metes and bounds takes place between co-owners--It is well settled law that a co-owner in possession of a specific piece of land is entitled to retain possession until partition between co-owners takes place--None of co-owners can interfere in each other's possession unless land co-owned by them is partitioned by metes and bounds--A co-owner in possession can even alienate his share and transfer possession of his holding to another person, which holding would be subject to a partition--Unless partition by metes and bounds of joint ownership of land takes place, co-owner could not be forcibly dispossessed from land in their possession in their capacity as co-sharers. Partition-- ----Unpartitioned jointly owned land--Purchaser of land with possession from co-owner does not become exclusive owner of specific unpartitionedjointly land--Validity--A co-owner enjoying exclusive possession of joint property cannot be evicted therefrom by another co-sharer except by filing a suit for partition. AIR 1940 Lah. 473, PLD 1955 Pesh. 26, PLD 1956 Pesh. 96, PLD 1959 SC 9, 2012 CLC 1618, 2006 MLD 442, 2016 CLC 1255, ref. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant civil revision petition, the petitioners, Gulfraz etc., impugn the judgment and decree dated 25.01.2016, passed by the Court of the learned Additional District Judge (West), Islamabad, whereby, the respondents' appeal against the judgment and decree dated 28.07.2015, passed by the Court of the learned Civil Judge, Islamabad, was allowed and the said judgment and decree dated 28.07.2015, was reversed. Vide the said judgment and decree dated 28.07.2015, the learned Civil Court…

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