Law:

Section:

(a) Co-sharer-------Where no regular partition has taken place between the contesting parties, co-sharer has a right in each and every Khasra number of the suit land irrespective of the quantity and quality ---Co-sharer who is -in exclusive possession of a specific portion of a Joint property cannot alienate, transfer or change the same unless a regular partition takes place between the co­sharers. 1989 SCMR 130 and 1999 CLC 598 ref. (b) Civil Procedure Code (V of 1908)--- --S. 115 & O. XXXIX, Rr. 1, 2---Partition of joint property---Dispute between co-sharers---Defendants were in possession of some portion of undivided property and intended to construct on the same---Plaintiff preferred suit against such act of defendants---Trial Court refused to grant interim injunction, but the same was granted by Lower Appellate Court--­ Validity---Defendants failed to show that order of the Lower Appellate Court was either without jurisdiction or was suffering from material irregularity or illegality---Effect---Where none of the ingredients contained in S.115, C.P.C. were brought on record, revision petition was dismissed in. limine. ORDER Muhmmad Yousaf (hereinafter to be referred as respondent) brought a suit for a declaration and perpetual injunction against Noor Rehman and others (hereinafter to be referred as petitioners) in respect of the suit property measuring 32 Kanals, 12-1/2 Marlas with consequential relief for the possession of the suit property, the detail of which is given in the heading of the plaint. The claim of the plaintiff according to the averments of the plaint is that he is the co-owner of the suit lapd to the extent of 32 Kanals, 12-1/2 Marlas and that the defendants 14 to 21 wanted to construct some Abadi over the valuable portion of the said land and was, therefore, converting .the status and nature of the agricultural land for residential purpose, therefore, the plaintiff prayed that the defendants be restrained from making construction over the suit property as the sane was their joint property and without partition they could not carry out the construction. Alongwith the plaint an application for temporary injunction was moved before the…

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