Law:

Section:

(a) Civil Procedure Code (V of 1908)------S. 12(2)-Sale of specific Khasra numbers with specified boundaries out of unpartitioned joint holding by a co-sharer---Suit between purchaser and vendor/co-sharer regarding such sale---Consent decree in favour of purchaser on basis of concessionary written statement of vendor/co-sharer in respect of specific Khasra numbers by specifying boundaries of land---Application under S.12(2), C.P.C., by other co-sharers for setting aside such decree---Validity---Every co-sharer in joint property would be considered owner in every inch thereof according to the ratio of his share therein---Some parts of joint holding were valuable being abutting metalled road, whereas other parts thereof were of less value being located at its back---Purchaser could get decree to the extent of share of vendor/co-sharer---Besides elements of fraud and misrepresentation on the part of purchaser and vendor/co-sharer, such consent decree for being without jurisdiction could not be passed---All three prerequisites for setting aside a decree under S.12(2), C.P.C., had been fulfilled---Such application was accepted, resultantly purchaser's suit against vendor/co-sharer became alive. Azam Khan v. Azad Khan and 6 others PLD 1986 Lah. 275; 1998 CLC 2006; Ali Gohar Khan v. Sher Ayyaz and others 1989 SCMR 130 and Atta Muhammad v. Sahibzada Manzoor Ahmad and others 1992 SCMR 138 rel. (b) Co-sharer--- ----Every co-sharer in joint property would be considered owner in every inch thereof according to the ratio of his share therein. Azam Khan v. Azad Khan and 6 others PLD 1986 Lah. 275; 1998 CLC 2006; Ali Gohar Khan v. Sher Ayyaz and others 1989 SCMR 130 and Atta Muhammad v. Sahibzada Manzoor Ahmad and others 1992 SCMR 138 rel. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Lawful decision of Courts below within ambit of conferred jurisdiction---Validity---High Court in exercise of constitutional jurisdiction could not substitufe such decision. Sardar Muhammad Ramzan. ORDER MUHAMMAD MUZAMMAL KHAN, J.--- Petitioner and his brother earlier had purchased one Kanal, 16 Marlas of land out of a joint holding…

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