Law: Transfer of Property Act, 1882

Section: 44

Law: Civil Procedure Code (V of 1908)

Section: O.XX,XXIII,XLVII,R.3,6,7,18

Transfer of Property Act (IV of 1882)--- ----S.44---Transfer of immovable property by co-owner----Requirements---Co-owner of a joint/undivided immovable property was not required to obtain consent of other co-owners before transferring his share of such property or any interest therein to any person---Co-owner might even transfer his share in a dwelling house belonging to undivided family---Where share in a dwelling house belonging to an undivided family was transferred then the transferee did not by implication of such transfer become entitled to joint possession or other common or part enjoyment of such house---Transferee in such circumstances could gain possession only by way of enforcing a partition of the property. Ahmed Din v. Ghulam Muhammad 1990 SCMR 387 rel. THIS JUDGMENT DELIVERED BY: ADNAN IQBAL CHAUDHRY, J.---- Pursuant to order dated 16-11-2007 passed in Suit No.1279/2004 (said Suit), the learned Single Judge passed a compromise decree as between the plaintiff and defendants 10 and 11 of the said Suit (the Respondents herein) while keeping the said Suit pending against the other defendants (the Appellants herein). Against the said compromise order dated 16-11-2007, the other defendants (Appellants) preferred a Review application which was dismissed by the learned Single Judge vide order dated 03-12-2007. By this appeal the other defendants (Appellants) have assailed both the compromise order and decree dated 16-11-2007 and the order dated 03-12-2007 passed in Review. 2. The said Suit is by the Respondent No.1 (plaintiff) against the Appellants (defendants 1 to 9) and the Respondents 2 and 3 (defendants 10 and 11) for inter alia specific performance of a sale agreement for House No.83/L, Block-2, P.E.C.H.S., Karachi (the Suit Property). The Appellants, the Respondent No.2 [now survived by the Respondents 2(a) to 2(d)], and the Respondent No.3 were co-owners of the Suit Property by way of inheritance. 3. Both, Mr. Abdul Qayyum Abassi, learned counsel for the Appellants, and Mr. Khalid Javed, learned counsel for the Respondent No.1, requested that since this appeal was an old matter which had not been admitted to regular hearing to-date, this appeal…

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