Law: Civil Procedure Code (V of 1908)

Section: XXI,R.10,S.47

(a) Civil Procedure Code (V of 1908)--- ----S. XXI, R.10 & S.47---Execution of decree---Objection to---Executing Court issued warrant of possession against -debtors on the ground that right of decree-holders had become final upto High Court and even if it was assumed that one of the co-sharers had sold his share in the disputed property, the decree to the extent of remaining land was executable---Appellate Court dismissed appeal against the order passed by Executing Court---Legal heirs of the decree-holder asserted that they were co-sharers in the disputed property and the decree was not executable against them unless a decree for partition was passed---Validity--- Judgment-debtors were trespassers and decree against them had to be executed for surrendering possession of the disputed land---Plea of the legal heirs that unless and until a decree for partition was passed, the decree-holder was not entitled to possession from the -debtors was devoid of any merit---Legal heirs could not claim that -debtors were in possession of their property---Legal heirs themselves filed suit for partition, meaning thereby they had admitted that they were co-sharers in each and every inch of Khata---Executing Court had rightly passed an order for eviction of -debtors front the disputed land---Petition was dismissed by High Court. (b) Co-sharer--- ----Every co-sharer in an un-partitioned Khata was owner of each and every inch of Khata. THIS ORDER PASSED BY: MUHAMMAD KHALID MEHMOOD KHAN, JUSTICE:--- .--- One Sobaydar (Retired) Muhammad Bashir tiled a suit against Jalal etc. on 26-11-1989 claiming that laird described in para 1 of the plaint was owned by his father and respondents Nos.1 and 2 Jalal son of Allah Dad and Khan Muhammad son of Glrulam Muhammad were his tenants, his father died in the year, 1963 and he become the owner of said land being his legal heir/legal representative. In the year 1980 the consolidation proceedings started in the village and new numbers according to rectangle system were allotted to the land. The area in this process was reduced from 1 kanal 16 marlas to 1 kanal 9 marla, however, the other position remained unchanged. He claimed through the suit…

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