Law:

Section:

(a) West Pakistan Land Reforms Regulation, 1959 [M. L. R. 64] Para. 23, read with Civil Procedure Code (V of 19(8), S. 54 & O. XX, r. 18Joint holding partitionPartition decree passed by Court and shares of each owner specified on basis of admissions made by partiesLand nevertheless continued to be joint holding until partition actually carried out on ground by metes and bounds ­Holdings, held, do not cease to be joint merely on passing of decree for partition. The land in dispute continued to be a joint holding until its partition was actually carried out on the ground by metes and bounds. It is true that in the decree passed by the Court shares of the parties were specified, on the basis of the admissions made by them, but such specification could not alter the nature of the holding. In fact, it is common knowledge that shares of the cosharers are generally specified in the revenue record in case of joint holdings. Such holdings do not, however, cease to be joint simply because a decree partition has been passed, as it is possible that the parties may not get the decree executed. (b) West Pakistan Land Reforms Regulation, 1959 [M. L. R. 64] Paras. 23 & 24Holding in fact partitioned by metes and bounds more than 6 years ago and parties assuming physical possession of their respective sharesAdverse finding would mean undoing of physical partition, restoring joint holding, and making arrangements for its management in terms of para. 24Such steps bound to involve extreme hardship to -Respondents owning only a small fraction of holdingNotwithstanding legal position of case, case, held, not at all fit for interference at Supreme Court stage. JUDGMENT ANWARL HAQ, J. On 1121954 a decree was passed by the Sind Chief Court for the partition of the land in suit, measuring 12 acres and 31 Ghuntas and situate in Deh Thano in Tappo Malir, Karachi. The shares of the contending parties were determined as under: Appellant No. 1 Pir Muhammad : /11/ 7 1/5 Appellant No. 2 Imam Bux : // 4 4/5 -Respondents Nos. 2 to 5 1 /4/ Partition by metes and bounds was however, not carried out until the appellants received a notice dated the 4th of October 1968 from the Mukhtiarkar of…

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