Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. XLI, It. 22---Issues decided against defendant---Defendant neither filing appeal against that decision nor filing cross-objections---Effect---Finding recorded against defendant against which he had neither filed appeal nor cross--objection would attain finality. (b) Co-sharer--- ----Right to alienate joint land ---Extent---Co-sharer out of posse could validly make transfer to the extent of his fractional share in that survey number and not beyond that ---Co-sharer in possession of specific field number, however, could validly transfer such land even though his share in specific field numbers exceeds his share provided it should not exceed his overall entitlement of share in whole land ---Vendee's right, however, would be subject to adjustment on partition---Sale cannot be legally challenged on mere ground of land sold having in excess of share of vendor in specific numbers---Vendor being out of possession of specific survey numbers could only transfer through sale-deed her fractional share in survey number---Sale-deed to that extent would stay intact but in respect of rest of land which was in excess of her fractional share, would stand cancelled. Mustafa Khan and 3 others v. Muhammad Khan and another PLD 1978 SC (AJ&K) 75; Syed Jamal Shah v. Abdul Qadir Shah and others PLD to Pech26 and Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC (Pak) 9 rel. Anayat Khan and another v. Muhammad Saleem Khan and others 1993 SCR 182 and Mustafa Khan and 3 others v. Muhammad Khan and another PLI)1978 SC (AJ&K) 75 ref. Ch. Muhammad Azam Khan, Advocate for Appellants. Ch. Muhammad Anwar, Advocate for Respondent No.1. Date of hearing: 28th May, 1995. JUDGMENT MUHAMMAD YOUNAS SURAKHVI, J.---This appeal, with the leave of the Court, has been directed to call in question the judgment recorded by the High Court on October 16, 1994 whereby, it was opined by the learned Judge that respondent-defendant Mst. Zubedha Begum being out of possession of the disputed survey number could only transfer through sale­deed her fractional share in the survey number i.e. 7 Marlas and 4/1-2 Sersaies. The sale to above extent was kept…

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