Case Details

Citation(s)
1996 SLG 1339 1996 SLD 1339 1996 CLC 275
Lahore High Court
Civil Revision No. 244 and Civil Miscellaneous Nos. 942 and 943 of 1995, decision dated: 27-07-1995
MUHAMMAD ASIF, JAN, J
Mian Inam-ul-Haq for Petitioner

MUHAMMAD ZUBAIR

VS

Syed ZAKIR HUSSAIN SHAH and another

Law:

Section:

(a) Co-sharer-------Every co-owner in joint property has interest in each and every inch of land and no joint owner can without first having the joint property partitioned, take hold of any specific portion or change its character. Ali Gohar Khan v. Sher Ayaz and others 1989 SCMR 130 rel. (b) Civil Procedure Code (V of 1908)--- ----0XXXIX, Rr.1, 2 & S.115---Interim injunction, grant of---Revision---Main revision application having been admitted to regular hearing, respondents were restrained from raising any further construction on land in question and were directed to maintain status quo meanwhile. ORDER Muhammad Zubair petitioner is a joint owner of 89 Kanals and 2 Marlas of agricultural land in Khasra No. 541, village Jabbar, Tehsil and District Attock. Respondents Zakir Hussain and Syed Umar Badshah are also joint owners of 13 Kanals in the said land. The land in question has not been partitioned and is still joint property. The respondents have taken possession of a specific piece of land out of this joint land and started raising construction. This action of the respondents has been challenged by way of civil suit brought by the petitioner in the civil Court of Attock and alongwith the suit application praying for…
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