Law:

Section:

Co-sharer--Constitution of Pakistan (1973), Art. 185(3)---Petitioner (co-sharer) and respondent (stranger) purchasing land jointly from another co-sharer--­Separate parcels of land were delivered to both of them---Possession of land in question, was delivered to respondent after sale---Petitioner (co-sharer) was shown to be in cultivating possession of land in question as tenant under respondent in Khasra Girdawari---Such entries were, however, got changed by petitioner with the connivance of Patwari and instead of continuing to be recorded as a tenant under respondent, he was shown to be in possession of land in question, as a co-sharer---Validity---Vendor at the time of sale had given possession of land in question, to respondent who had the option either to cultivate that land himself or to get the same cultivated through petitioner--­Petitioner was, therefore, a tenant under respondent and Khasra Girdawari for the relevant period correctly represented the position on the spot---Contention that co-sharer, could not also be a tenant was in the circumstances without any merit---Leave to appeal was refused in circumstances. ORDER SAAD SAOOD JAN, J.---The dispute in this petition for special leave to appeal relates to Villas Nos. 4 and 5 of Square No. 42 in Chak No. 10, Gajbani, Tehsil Chishtian, District Bahawalnagar. These Villas were part of the land sold by Muhammad Hussain, brother of the petitioner, in July 1971, jointly to the petitioner and Jan Muhammad, respondent No. 1. At the time of the sale Muhammad Hussain delivered possession to the petitioner and respondent No. 1, of different and separate parcels of the land. Thus, the possession of the disputed Villas was given to respondent No. 1. After the sale the petitioner was shown to be in cultivating possession of the Villas in dispute as tenant under respondent No. 1 in the Khasra Girdawari. 2. In the Khasra Girdawari for the crops of Rabi and Kharif 1983 the entries in respect of the Villas in dispute were changed by the Patwari, for, now instead of continuing to be recorded as tenant under respondent No. 1, the petitioner was shown to be in possession of the said Villas as a co-sharer. On learning…

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