| Case ID |
1fe1b0fc-6bac-4e10-a619-4d432cadf89f |
| Body |
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| Case Number |
Civil Revision No. 2989 of 2004 |
| Decision Date |
May 31, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court concluded that the petitioners' right to partition their joint property was not barred by limitation. The court emphasized that partition is a continuing right and can be asserted at any time. The judgment of the appellate court was overturned, and the case was remanded for further proceedings to allow the petitioners to amend their plaint to seek partition of the entire joint khata. The court also highlighted the need for legislative attention concerning the rights of co-owners, especially when one co-owner attempts to alter the nature of jointly owned property. |
| Summary |
This case revolves around the partition of joint property and the legal implications of co-ownership under the Contract Act of 1872. The Lahore High Court's decision is significant in establishing that co-owners have a continuing right to seek partition regardless of possession or prior transactions. This ruling clarifies the roles and limitations of co-owners when it comes to transferring interests in joint property, particularly when one party has attempted to unilaterally alter the status of the property. The decision serves as a precedent for future cases involving joint ownership and partition rights, indicating the importance of equitable treatment among co-owners and the necessity of legislative reforms to protect their interests. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH IRFAN KHAN, J
|
| Lawyers |
Uzair Karamat Bhandari for Petitioner,
Kh. Saeed uz Zafar for Respondent
|
| Petitioners |
MUHAMMAD FARRUKH IRFAN KHAN,
NISAR AKBAR KHAN
|
| Respondents |
JAMIL NASIR
|
| Citations |
2014 SLD 2310,
2014 PLD 417
|
| Other Citations |
Sarakhi Abdul Rahiman Trangan and another v. Muhaidin Pathaummal Bivi and another AIR 1917 Madras 244,
Habib-ur-Rehman v. Abdul Rahman and 3 others 1987 CLC 195,
Hamayun Kabeer v. Oaiser Nazir 2006 MLD 1496,
Moinuddin Paracha v. Sirajuddin Paracha 1994 CLC 247,
Moolchand and 9 others v. Muhammad Yousuf (Udhamdas) and 3 others PLD 1994 SC 462,
Jan Muhammad and another v. Abdur Rashid and 5 others 1993 SCMR 1463,
Fida Muhammad v. Muhammad Khan PLD 1985 SC 341,
Faqir Muhammad v. Pir Muhammad 1997 SCMR 1811,
Muhammad Yasin v. Dost Muhammad PLD 2002 SC 71,
Jamil Akhtar v. Las Baba PLD 2003 SC 494,
Muhammad Ashraf v. Muhammad Malik PLD 2008 SC 389,
Muhammad Yousuf v. Iqbal Bibi 2005 CLC 1839,
Maqsood Ahmad v. Salman Ali PLD 2003 SC 31,
Noor Muhammad v. Allah Ditta PLD 2009 SC 198,
Samar Gul v. Central Government PLD 1986 SC 35
|
| Laws Involved |
Contract Act, 1872
|
| Sections |
214
|