Law: Civil Procedure Code (V of 1908)

Section:  O. XLI, r. 33

Civil Procedure Code (V of 1908)   O. XLI, r. 33-Decree assailed on ground of being invalid in so far as it gave respondent 2/3 of property as against , his correct share-Respondent actually entitled to only of property but appellate Court refusing to challenge decree without filing regular appeal against same-----Appellate Court, in a proper case, held, can vary or reverse decree of lower Court even in favour of party failing to appeal----Not necessary for party claiming equitable relief to file appeal-Appellate Court can pass any order which ought to have been passed by lower Court. Court of Wards, Hyderabad v. Allahbachayo Khan and another P L D 1964' Kar. 569 ; West Pakistan and Federation of Pakistan v. Sir Nawab Muhammad Farid Khan P L D 1960 Pesh. 111 ; Hari Sankar v. Anath Nath A I R 1949 F C 106 ; Hamijan Bibi v. Sheikh Darog Ali and others P L D 1964 Dacca 119 ; S. S. Subramaniam Chettiar and another v. Sinnammal and others A I R 1930 Mad. 801 ; Thirumala Chariar v. Althimoola Karyalayar and others A I R 1933 Mad. 529 and Jawahir Bani v. Shuja Haider A I R 1921 All. 367 ref. Date of hearing : 13th December 1972.                                                                                                                             JUDGMENT The dispute relates to residential property measuring 19 marlas situated: in Village Bhadana, Tehsil Gujar Khan, District Rawalpindi. The vacant. site of the property was owned by one Nek Alam father of respondent No. 1 who sold the same in favour of the appellant and respondents Nos. 2 and 3 by means of registered sale-deed dated 1st of March 1966 for a considera tion of Rs. 600.00. Respondent No. 1 brought a suit for possession through pre-emption against the appellant as well as respondents Nos. 2 and 3, on payment of consideration amount of Rs. 600.00. The appellant and respondents Nos. 2…