Law:

Section:

(a) Civil Procedure Code (V of 1908)--O. XXI, R.15---Suit for declaration of title of land by co-sharer--- Co-owner is not allowed to retain the share of his other co-owners, but, mostly it is between the co-owners themselves that amongst others, on equitable basis also it is not fair to deprive the co-owners of the right to enjoy their respective shares. Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC (Pak.) 9; Atta Muhammad v. Sahibzada Manzoor Ahmad and others 1992 SCMR 138; Civil Petition No.74 7 of 1989; Civil Appeal No.56 of 1990; Dipa v. Lal Chand and others A I R 1922 Lah. 393 and Vinod Sagar v. Vishnubhai Shanker Kakobhai and others A I R 1947 Lah. 388 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XXI, R.15---Suit for declaration of title of land by co-sharers---Decree could not be passed in favour of co-sharers for the possession of land which actually did not belong to them but in fact belonged to their co-sharers-­Decree to the extent of the co-sharers' share would inure for their benefit---. Co-sharers would be entitled under the decree to the benefit of that part of the suit land which was to the extent of their own share ---Remaining land which fell within the share of co-sharers, the ultimate beneficiaries would be the said co-sharers and winning party i.e., the plaintiffs would voluntarily surrender their co-sharers' right/property to them---Such declaration could be made by the Supreme Court. Province of West Pakistan through the Secretary, Revenue Department, Lahore v. Associated Hotels of India Ltd. 1973 S C M R 367 ref (c) Civil Procedure Code (V of 1908)-- ----O. XXI, R.15(2)---Non-party co-sharers even if they did not file an application for execution could be granted benefit of decree by the Executing Court---Supreme Court, in the case, removed the defect if any, and declared that the non-party co-sharers were entitled to the same relief to the extent of their share as had been granted to the plaintiffs. ORDER MUHAMMAD AFZAL ZULLAH, CJ.--- This petition for leave to appeal, by the defendants' side in a declaratory title suit, has brought under challenge the dismissal by the High Court of their Civil Revision. They have…

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