Law: Partition Act (IV of 1893)

Section: 4

Law: Constitution of Pakistan 1973

Section: 23,199

(a) Partition Act (TV of 1893)----- S. 4 --- Constitution of Pakistan (1973), Art. 23 --- Object, Scope and applicability of provisions of S.4, Partition Ad, 1893 --- Prerequisites for effecting partition under the section --- Property of which partition is sought should be a dwelling house owned by undivided family, share of a co-sharer should have been transferred to person who was not member of undivided family-, suit for partition should have been filed by stranger transferee and; members of family being shareholders in property should undertake to buy share of stranger transferee-Purpose of S.4, Partition Act, 1893, was that on account of transfer of a share in property from one of co-sharers, a stranger should not enter the house as co-owner and disturb their privacy and family affinity --- Right to purchase share of a stranger has been given in respect of dwelling house only, while such right had not been granted in respect of other properties i.e., shops, plots etc.---Provisions of S.4, Partition Act, 1893, could not be invoked in respect of properties which were not predominantly residential in character --- Property in question, comprised of shops and dwelling unit, therefore, being composite in nature, would not fail within purview of S.4, Partition Act, 1893 --- Provisions of S.4, Partition Act 1893, should be interpreted in such a way that no violence is caused to guarantees given to citizens under Art. 23- of the Constitution --- Right to acquire, hold and dispose of property was subject to the condition of any reasonable restrictions issued by law in public interest --- Public interest, in respect of residential dwelling house owned by undivided family was limited to ensure that family privacy was not violated by intrusion of a stranger in family --- House in question, was, not found to be dwelling house, but composite property, therefore, same did not attract application of S.4, Partition Act, 1893.(b) Partition Act (IV of 1893)----- s.4 --- constitution of Pakistan (1973), Art. 199 --- Constitutional petition--- Residential property in terms of S.4, Partition Act, 1893 --- Character of properties in big cities --- Judicial notice could be taken…