Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.18

[Civil Procedure Code (V of 1908)].........O. XX, R. 18---Private partition of joint property---Proof---Reliance on survey record of Excise and Taxation Department--­Validity---Copy of P.T.1, survey report of Excise and Taxation Department cannot be relied upon for the purpose of proving the fact that the property has been privately partitioned---Survey Register maintained by the local Authorities is for the purpose of collecting the property tax. (b) Partition--- ---- Partition of joint property---Parties were co-owners of the suit property left by their predecessor-in-interest---Defendant produced copy of P. T. 1 survey report to establish that private partition had already taker, place and the plaintiffs were estopped to file the suit--­Validity---From the facts pleaded and documents produced by the parties, it could not be said that family settlement if any had been acted upon and all the co-sharers were occupying the land under the private partition and, therefore, could not be considered to be ostensible owners of the land and property according to their shares---Both the Courts of competent jurisdiction below had concurrently recorded the fact that the property had not been privately partitioned and the same was still joint between the parties---Judgments and decrees passed by both the Courts below for possession through partition had been awarded in accordance with the shares of the parties which did not call for any interference in exercise of revisional jurisdiction of High Court under S.115. C. P. C. Muhammad Ibrahim v. Muhammad Sharif and 7 others 1980 CLC 296; Fazal Muhammad and others v. The Settlement and Rehabilitation Commissioner and others PLD 1967 Lah. 402; Abdul Wahab Khan v. Tilakdhari Lal and others AIR 1927 PC 208 and Sharaf Sultan v. Sher Muhammad PLD 1963 Lah. 606 ref. ORDER Abdur Rauf son of Sikandar Din, caste Kaslimiri, resident of Hazroo, Tehsil and District Attock, died leaving behind the petitioner and the respondents as his legal heirs. Admittedly he was the owner in possession of the properties described in paras. Nos. 1 to 4 mentioned in the heading of the plaint of the suit, filed by Muhammad Riaz etc. respondents/plaintiffs…

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