Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Civil Procedure Code (V of 1908), S. 100---Second appeal--- Concurrent findings of fact-No misreading of evidence shown for discarding evidence-Concurrent findings of fact by Courts below-- Cannot be interfered with in second appeal. (b) Co-sharer-Joint land-Decree can be passed for Joint possession-Other co-sharers cannot, however, be dispossessed except by suit for partition. Durga Nath Tarajdar and others v. Debendra Nath Tarafdar and others P L D 1951 Dacca 89 ; Haji Khan Muhammad and others v. Yaqub Khan and others, P L D 1956 Posh. 96; Abdul Gant Talukdar v. Rushan and others P L D 1960 Dacca 359 ; Ahmed Miaji and others v. Eakub All Munshl and others P L D 1961 Dacca 259; Msnjl and others v. Ghulam Muhammad and others I L R 2 Lah. 73 and Pir Muhammad and others v. Ghulam and others A I R 1925 Lah. 369(2) ref. Date of hearing : 22nd September 1972.                                                                                                                        JUDGMENT This second appeal arises out of a judgment of the Additional District Judge, dated 30th January 1962 whereby he confirmed the decree passed for joint possession of certain land, situate in villages Sogadutt and Sahang in Tehsil Gujar Khan of Rawalpindi District. 2. The facts of the case are that the plaintiffs filed a suit to the effect that they are cc-sharers to the extent of 393/ICOgth share of a joint property, which they inherited from their ascendants along with the defendants. The suit was resisted on behalf of defendants 1 to 4 and 14 on the ground that there was a private partition relating to this land between the ancestors and in any case they were in adverse possession of the land beyond 12 years. The learned trial Court on the pleadings of the parties framed the following issues :- (1) Whether there was any private partition relating to the suit land? If so whether the same…