Case Details

Citation(s)
1986 SLG 872 1986 SLD 872 = 1986 MLD 2624

Civil Revision No.603 of 1982, decided on 11 th June, 1986.
Amjad Khan, J.

Mst. ZAINAB BEGUM--Petitioner

VERSUS

MUHAMMAD ANIS and 2 others--Respondents

Law:

Section:

This judgment will dispose of Civil Revision No.603 of 1982 filed by Mst. Zainab Begum and also two Civil Miscellaneous Petitions bearing Nos. 2304/ C and 4140/ C of 1982, filed therein, by respondents Nos. 2 and 3 respectively.   2. The dispute relates to a house bearing No.S.III-3-S-27, Kabir Street, Paisa Akhbar, Lahore. A suit for separate possession of th share through partition of the house and for rendition of accounts regarding the rent thereof was filed by Muhammad Anis, respondent No-1 against his mother Mst. 'Zainab Begum, his sister Mst. Zareen Begum and his brother Muhammad Idrees. This is an erstwhile evacuee property and was transferred jointly in favour of all four of them by means of a P.T.D. (Exh.P.l) issued in the year 1961. The suit was contested by all three defendants. The mother, Mst. Zainab Begum denied that the plaintiff was at all a co-sharer in the house. She claimed herself to be the sole owner thereof. The other two defendants, in their separately filed written statements, admitted the plaintiff to be a co-sharer but contested the suit on various other pleas. The divergent pleadings of the parties gave rise to the following issues:-   "(1) Whether the plaintiff is estopped by his own conduct to file the present suit?   Whether the plaintiff has no cause of action?   Whether the defendants 1, 2 and 3 have any charge over the property by means of repair and construction of the property?   If so to what extent and with what effect?   What is the proportionate share of the plaintiff in the property and in its rent?   Relief."   Issue No.4 was recast the same day in the following words:-   "4. Whether the plaintiff has got a share in the property? If so, what is the proportionate share?"   After recording the evidence desired to be produced by the parties, learned Civil Judge on 6-11-1979 passed a preliminary decree for possession through partition by determining th share for each one of them. Three appeals thereagainst were filed before the Additional District Judge, Lahore, by Muhammad Idrees, Mst. Zainab Begum and Mst. Zareen- Begum, respectively. They were…
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