Law:

Section:

Specific Relief Act (I of 1877)-------S. 8---Transfer of Property Act (IV of 1882), Ss.44, 47 & 54---Suit for possession---Sale in joint holding---Persons purchasing from a co­sharer in joint holding, would not stand in a better position than that of their vendor and such sale would always be subject to adjustment at the time of partition---Purchaser would not become exclusive owner of specific Khasra Numbers in un-partitioned jointly owned land ---Co­sharer was entitled to retain possession of joint property---Suit for partition and a suit for physical possession in favour of a co-sharer against another co-sharer could not be filed--Suit was only maintainable to, the extent of symbolic possession---Co-sharer in a joint property would not be entitled to decree for joint possession ---Co-sharer, in a joint Khata, could alienate part of his property to stranger provided he was in possession of that property---Such possession would remain intact until partition had taken place between. co-sharers---Where no regular partition had taken place between the contesting parties, co-sharer had a right in each and every Khasra number of the suit-land irrespective of the quantity and quality---Co-sharer, who was in exclusive possession of a specific portion , of a joint property, could not alienate, transfer 'or exchange same unless a regular partition half taken place between, co-sharers---One co-sharer in exclusive possession of a plot of land could not be dispossessed by another co-sharer except by suit for partition--­Plaintiff who was altogether out of possession out of joint property which was in exclusive possession of other co-sharer, was not entitled to get decree for joint possession---Only remedy of a co-sharer out of possession of joint, property, was by way of partition and he could get a decree for joint possession---Plaintiff had prayed for decree of specific portion of land in a joint holding, which could not be passed as suit ,for possession filed by plaintiff, was not maintainable---Appellate Court was not justified to decree the suit. Bahadur Khan v. Darvesh Ali Khan PLD 1994 SC 354; Muhammad Siddique v. Sardar Muhammad 1992 ALD 466; Nazar Hussain v.…

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