Law: Constitution of Pakistan, 1973

Section: 199

Law: Code Of Civil Procedure, 1908.

Section: O.XXI R. 35

----Art. 199--Civil Procedure Code, 1908 (V of 1908), O.XXI R. 35--Challenged correctness and validity of order of revisional Court--Joint ownership--Question of--Whether specific portion of property barred on report of bailiff of Court regarding portion of land was sufficient to direct executing agency--Mode of delivery of property when decree was passed from immovable property against a person who was judgment debtor--The decree for delivery of possession of immovable property can either be executed by delivery of symbolic possession and in such a situation, actual/physical possession could only be handed over to decree-holder through a regular suit for partition/separation of shares--Admittedly it was a decree for specific performance of agreement and not a decree for recovery of possession of property through partition and factum of transfer of actual possession to extent of property which was decreed in his favour, could only be decided through a suit for recovery of possession through partition, by arraying therein all joint owners in property for determination of rights of each and every co-owner and to protect respective interest of all of them including decree holder--Revisional Court has decided fate of execution in wrong perspective, because neither actual possession could be transferred to decree holder nor petitioners could be forced to hand over vacant possession of property and that too on whims and wishes of respondent/decree holder and on specifying a place from joint immovable property, therefore, impugned consolidated order of revisional Court cannot sustain--Same was not in accordance with O.XXI, R. 35(1) C.P.C--Petition succeeds, consequently impugned order was hereby set aside.                                                                 [Para 6, 9 & 10] A, B & C Mr. Abdul Halim Khan, Advocate for Petitioners. M/s.…