Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 135---Specific Relief Act (I of 1877), S.9---Dispossession of co­owners in possession by other co-owner ---Requirement---Co-owner in possession could not be dispossessed by the other co-owners otherwise than by filing a suit for partition or for possession under S.9 of Specific Relief Act, 1877. Mst. Resham Bibi and others v. Lal Din and others 1999 SCMR 2325 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration--­Revisional jurisdiction, exercise of---Judgments and decrees of Courts below suffering from material irregularity were set aside by the High Court in exercise of its revisional jurisdiction. JUDGMENT As per Revenue Record for the year 1968-69, suit-land measuring 125 Kanals, 16 Marlas was comprised in a single Khata and the petitioners being owners in the Khata were continuing in possession of a portion of the same as co-sharers. One Sikandar Khan was owner of 247/5680 share (5 Kanals and 9 Marlas) in the said Khata. He sold the same to his wife Mst. Zeenat vide Mutation No.1000, dated 30-6-1971 and Mst. Zeenat proceeded to sell the said land to respondent No. l by means of a registered deed, dated 8-4-1978 whereupon Mutation No. 1156 was attsted on 22-1-1979. In the record for 1979-80, the Khata remained the same but Khatooni was bifurcated, Khatooni No.262 measuring 5 Kanals and 13 Marlas. was given Khatuni No.260 and respondent No. l was entered in possession of the same. While the balance Khata measuring 120 Kanals, ,3 Marlas was given Khatooni No.261. On the basis of the said entries respondent No.1 filed proceedings for ejectment of the petitioners on the ground that they have encroached upon the said land measuring 5 Kanals, 13 Marlas. The Collector passed an ejectment order on 30-11-1981. The Additional Commissioner on appeal remanded the case on 19-4-1982. The. Collector again passed the ejectment order on 23-10-1982, an appeal filed by the petitioners was dismissed by the Additional Commissioner and a revision was also dismissed. The petitioners filed the present suit on 8-3-1983 stating the said facts in the plaint and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492