Law:

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This revision petition is directed against the order of the learned District Judge, Haripur dated 21-6-1992 who while upholding the order of the learned Civil Judge, Haripur dated 11-4-1991 dismissed the appeal of the petitioner and confirmed the temporary injunction issued in Suit No.25/1 of 1991.   Sanaur Rehman and other, respondents-plaintiffs herein, brought a suit for possession through partition against Muhammad Ashraf and others, wherein Abdul Basir and others are defendants Nos. 9 to 12, petitioners herein, for 1/3rd share out of land comprising of Khasra Nos.3705/483, 3705/483/1, 3705/483/2/1, 3705/483/2/2, situated in Village Sarai Saleh, Tehsil Haripur. An application for restraining the defendants, from further alienating the suit land was also made asserting therein that as the defendants have already sold the land in excess of their share, therefore, till the decision of the suit they may be restrained to further alienate the property. The learned Civil Judge while accepting the application vide his order dated 11-4-1991, confirmed the injunction order. The petitioner-defendants filed an appeal which was dismissed by the Additional District Judge Haripur, vide his order dated 21-6-1992. Hence the present revision petition.   The learned counsel for the petitioner contended that the petitioner has purchased entire Khasra number measuring 14 Kanals from Mst. Bani Begum out of the joint property of 110 Kanals 14 Marlas and as such he can alienate the property. In this regard he relied on PLD 1955 Peshawar page 26 and PLD 1985 SC page 254.   On the other hand learned counsel for the respondent contended that Mst. Bani Begum was owner only to the extent of 7-1/2 Marlas in the joint property and she has sold much more than she was entitled to get from the joint `Khata'. He contended that the land in dispute is situated in `Abadi' and is a superior type of land in the joint property. He submitted that one co-sharer cannot be permitted to dispose of the best part of the property to the disadvantage of the other co-sharers. In this regard he relied on 1992 SCMR page 138.   4-A. After hearing the learned counsel for the parties…