Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 11

Specific Relief Act (I of 1877)--- ----Ss.42 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and permanent injunction---Cancellation of mutation---Sale of land in joint khata---Scope---Plaintiffs filed suit for declaration and permanent injunction claiming therein that they were owner of certain agricultural land in specific Khasra number/survey number; that they were in possession over specific killa numbers; that the respondent had no right to pose as owner in possession of specific killa numbers and that the mutation entered in the revenue record whereby respondent had purchased the property ought to be cancelled, in his application under O. VII, R.11, C.P.C., claimed that the respective ownership and possession of petitioners and the respondent in joint khata was admittedly distinct---Courts below concurrently dismissed the suit---Contention of petitioners was that the relief of partition was also sought in the plaint, as such, the suit could not have been dismissed---Validity---Body of the plaint did not say anything about seeking partition and the basic ingredients of the suit for partition were conspicuously missing---Respective properties of the petitioners and the respondent were separate and distinct in terms of their ownership and possession in joint holding along with other co-sharers subject to partition in accordance with law---Courts below had rightly concluded that there was no dispute between the petitioners and the respondent that required adjudication in a regular trial---Revision petition was dismissed. Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC 9; Muhammad Sharif and 3 others v. Ghulam Muhammad and another 1995 SCMR 514; Amir Shah v. Ziarat Gul 1998 SCMR 593; Fazal Din v. Mst. Umar Bibi and another 1994 MLD 550; Chaudhary Ghulam Abbas v. Barkat Ali and another 1999 YLR 2190; Mst. Zakia Begum v. Nadir Khan and others 2011 YLR 1397 and Wahid Zaman and others v. Misal Khan and others 2013 YLR 2732 ref. Mst. Iqbal Begum v. Farooq Inayat and others PLD 1993 Lah. 183 rel. JUDGMENT ABID HUSSAIN CHATTHA, JUSTICE:---.--- Through Judgment and Decree dated 14.4.2009 passed by Civil Judge, Sargodha, the suit for…

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