Law:

Section:

(a) Specific Relief Act (I of 1877)--S.42---Constitution of Pakistan (1973), Art. 185(3)---Co-sharer in possession of joint Khata---Entitlement to retain possession till partition---Plaintiff's suit for declaration with perpetual injunction was dismissed by Trial Court---First Appellate Court, however, decreed plaintiff's suit while High Court set aside decree and of First Appellate Court and restored and decree of Trial Court whereby suit had been dismissed---Validity---Leave to appeal was granted to consider that "Qabza Hissadari" having been transferred to plaintiff. they were entitled to remain in possession of land as co-sharers till such time as partition of Shamilat would take place; whether entries in "Wajibul Arz" showed that plaintiffs, as co-sharers, were entitled to bring land in question, under cultivation; and that plaintiffs being in physical possession of more than their shares, such fact was irrelevant to their right to remain in possession till partition of suit land. (b) Specific Relief Act (I of 1877)--- ---S.42---Constitution of Pakistan (1973), Art. 185---Plaintiff's possession in joint Khata over more area than their share in such Khata---Effect---First Appellate Court had rightly found that plaintiffs were entitled to keep whatever property they had reclaimed till partition of Shamilat land by metes and bounds would take place---High Court fell in error in modifying decree and of First Appellate Court to the extent of plaintiffs' share in Shamilat land--­Judgment and decree of High Court was set aside while that of First Appellate Court decreeing plaintiff's suit to the extent of their possession, was restored in circumstances. Feroz v. Sher PLD 1985 SC 254; Saad Ullah v. Ibrahim AIR 1925 Lah. 518; Muhammad Amin v. Karam Das AIR 1924 Lah. 293; Sukh Dev v. Parsi AIR 1940 Lah. 473 and Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC 9 rel. Muhammad Zahir Shah, Advocate Supreme Court and Nur Ahmed Khan. Advocate-on-Record (absent) for Appellants. Muhammad Munir Peracha, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Respondents. Date of hearing: 5th June, 1998. JUDGMENT IRSHAD HASAN KHAN, J.---This appeal,…

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