Law: Specific Relief Act, 1877

Section: 42,54

(a) Specific Relief Act (I of 1877)--- ----Ss.42, 54---Suit for declaration and perpetual injunction---Co-sharer of property, rights of---Scope---Plaintiff filed suit for declaration and perpetual injunction alleging therein that she was owner in possession of the suit land; that her house on the suit land was turned into debris in an earthquake and that her real brothers (defendants) were inclined to snatch the suit land---Trial Court decreed the suit---Appellate Court endorsed the decree of the Trial Court to the extent of grant of relief by way of perpetual injunction and dismissed the suit to the extent of declaratory relief---Validity---Parties were admittedly co-sharers and possession of co-sharers over the portion of undivided property was deemed on the part of all the co-sharers---Proper course in such eventuality was to seek partition of the undivided property---Pronouncement of Appellate Court pertaining to dismissal of the suit to the extent of declaratory decree was in consonance with law---Appeal was dismissed. 2013 SCR 262; 2011 CLC 2020; 2006 YLR 856; 2004 SCR 202; 2004 YLR 2301; PLJ 2002 SCAJK 526; 2002 CLC 749; Mst. Kubra Begum v. Muhammad Yasin Khan PLD 1983 SC AJK 56 and Muhammad Riaz Khan and 11 others v. Mst. Tahira Begum and 16 others 1996 CLC 1540 ref. 1999 CLC 1406 and Mst. Farooq Bibi v. Abdul Khaliq and 26 others 1999 CLC 1358 rel. (b) Administration of justice--- ---Civil cases are to be decided on the basis of doctrine of preponderance of probability of evidence. Syed Nazir Hussain Shah Kazmi for Appellants. Haroon Riaz Mughal for Respondent No.1. Nemo. for pro-forma Respondents. JUDGMENT SYED SHAHID BAHAR, J.----Captioned appeal has been directed against the impugned judgment and decree passed by the learned Additional District Judge Muzaffarabad on 05.05.2015, whereby the appeal filed by the present appellants has partly been accepted. Precise facts forming background of the instant appeal are that plaintiff-respondent No.1, herein, filed a suit cum-perpetual- injunction against defendants-appellants, herein, in the Court of Civil Judge Court No.III, Muzaffarabad, by claiming her ownership and possession upon land comprising khewat…

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