Law: Specific Relief Act, 1877

Section: 9,42

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 9 & 42--Civil Procedure Code, 1908, O. XXXIX, Rr. 1 & 2--Suit for declaration and possession--Privately partition--Appointment of bailiff for visiting spot and preparation of report--Report of bailiff--Application for removal of obstruction--Direction for removal of obstruction with mutual agreement--Application for impleading as party--Allowed--Appeal--Partially allowed--Modification in order--Maintainability--Challenge to--Plaintiff against defendants is that portion of disputed property which is in possession of Defendants No. 2 to 11 belongs to him--Plaintiff has also asked for possession of said portion of property--Thus, said suit prima facie does not appear to be maintainable unless entire property of their common predecessor Hazrat Ghani Bacha is included in suit because so far no official partition has taken place among parties and a suit for possession against a joint owner is not maintainable--Only remedy available to owner/plaintiff is to file a suit for partition of entire joint property--Impugned findings of learned trial Court affirmed by learned appellate Court are exceptionable, which do not call for interference--Revision petition was dismissed. 1999 SCMR 2325, 1979 CLC 230 Lah. & 2002 CLC 711, ref. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, JUSTICE---.--- Through the instant revision petition, the petitioner has called into question the judgment/order of the learned Additional District Judge/Izafi Zila Qazi Chakdara Dir Lower dated 19.11.2018 passed in Civil Appeal No. 24/14 (XIV) of 2018, whereby the appeal filed by the present defendants/respondents against the order of trial Court dated 25.9.2018 was accepted by partially modifying the order of the trial Court. 2. Essential facts of the case are that the present plaintiff had filed a suit before the civil Court at Chakdara for declaration to the effect that the disputed property which is described in the plaint annexed with the plaint as mark "E" is privately partitioned among the parties and thus the defendants had no right to refute the ownership of the plaintiff over the land which is mark "D" and thus any construction on the…

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