Law:

Section:

CO-sharer-One or several-May sue to eject a trespasser and claim compensation for use and occupation. JUDGMENT AKHAQUE HUSAIN, J.-The suit in which this appeal has been brought relates to a shop which admittedly belonged to one Maula Dad Khan, who, along with his family, resided somewhere in Africa and died, on the 4th of June, 1948. One Rahim ltakhsh had been appointed by Maula Dad to act as his mukhtar-e-khas. It is admitted that before the partition of the Punjab in 1947 the shop in suit had been let out to a Hindu tenant who before leaving this country in 1947 sold the goods ii, the shop and delivered the possession of the shop itself to a refugee who in his turn made 'over the goods and the show to the defendant Abdul Hafeez. The last-named applied to the Custodian of the Evacuee Property for allotment of the shop and also the confirmation of the sale of the goods to him ; but, while the latter prayer was granted, the former relief was refused by the Deputy Custodian. The five original plaintiffs to this suit were Maula Dad's widow Mst. Hakam Bibi, Bashir Ahmad and Nazir Ahmad, his sons, and Msts. Fazeelat Begum and Hajra Begum his daughters. Besides these, Maula Dad also left surviving him as his heirs another son named Muhammad Iqbal and two more daughters, namely, Msts. Resham Begum and Sardar Begum. The present suit was filed by Rahim Bakhsh as the mukhtar of the plain­tiffs on the allegation that the five defendants, Abdul Hafeez, Hameed, Rasheed, Habeeb and Shaukat are trespassers and a decree for ejectment and Rs. 1,316-4-0 as damages and com­pensation for the use and occupation of the shop was sought against them. One written statement was filed by the defend­ant Abdul Hafeez and another by the remaining four defendants. On the pleas raised by the defendants the following seven issues were framed in the trial Court :- (1) Whether the power of attorney in favour of Rahim Bakhsh had not been executed by plaintiffs Nos. 1, 4 and 5 and was not duly registered ? (2) Whether Muhammad Iqbal son, and Fatima and Resham Bibi daughters of Maula Dad are not necessary parties ? (3) Whether Bashir Ahmad\ and Nazir Ahmad, plaintiffs Nos. 2 and 3 are minors and…

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