| Case ID |
0359b94d-46bd-4142-a5b0-585ca6d0a5d3 |
| Body |
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| Case Number |
Civil Appeal No. 660 of 2009 |
| Decision Date |
Sep 30, 2015 |
| Hearing Date |
|
| Decision |
The appeal was dismissed, affirming the lower court's judgment. The court found that the concurrent findings of fact by the lower courts were not subject to interference as no misreading or non-reading of evidence was established. The issue of family partition was addressed, confirming that the possession of the land by the defendants was legitimate according to a family arrangement and did not extinguish the rights of other co-sharers. The court emphasized that the sale of land by a co-sharer does not violate legal rights provided it does not exceed the vendor's overall entitlement. |
| Summary |
In the case of Civil Appeal No. 660 of 2009, the High Court of AJ&K dealt with a family partition dispute involving the land in village Chowki. The appellants challenged the lower court's decision, asserting that the defendants unlawfully attempted to dispossess them of their share. The court reviewed the claims of both parties, focusing on the principles of concurrent findings in civil procedure and family arrangements in property disputes. The court concluded that the defendants had not alienated land beyond their share and the judgments rendered below were upheld. This case highlights the significance of family arrangements in property law and the legal standing of co-sharers in land ownership disputes. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
Sardar Abdul Hameed Khan
|
| Lawyers |
Raja Khalid Mehmood Khan,
Babar Ali Khan
|
| Petitioners |
Muhammad Zaman and another
|
| Respondents |
Muhammad Kareem and 17 Others
|
| Citations |
2016 SLD 3035,
2016 MLD 431
|
| Other Citations |
PLD 1978 SC (AJ&K) 75,
2007 SCR 363
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
100
|