| Case ID |
2b0b5b36-4448-4b48-b180-978439fb7655 |
| Body |
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| Case Number |
C.R. No. 181 of 2016 |
| Decision Date |
Sep 27, 2016 |
| Hearing Date |
Sep 26, 2016 |
| Decision |
The Islamabad High Court dismissed the civil revision petition filed by the petitioners, Gulfraz and others, against the judgment and decree dated 25.01.2016, passed by the learned Additional District Judge (West), Islamabad. The Appellate Court had allowed the respondents' appeal against the Civil Court's decision, which had dismissed their suit for permanent injunction seeking to restrain the petitioners from taking forcible possession of the suit land. The court upheld that until a regular partition takes place among co-owners, the respondents are entitled to retain their possession of the land, emphasizing that no co-owner can interfere with another's possession without partition. The judgment clarified that the respondents' possession is protected until the joint land is partitioned, reaffirming the rights of co-owners in such disputes. |
| Summary |
This case revolves around a civil revision petition concerning co-ownership and possession rights over jointly owned land in Islamabad. The Islamabad High Court analyzed the legal principles surrounding co-ownership, emphasizing that a co-owner in possession has the right to retain possession until a partition occurs. The court dismissed the petitioners' claims, reinforcing that co-owners cannot forcibly dispossess each other without legal partition. The decision highlighted the importance of the Civil Procedure Code, 1908, particularly regarding injunctions in property disputes. The ruling supports the notion of protecting a co-owner's interest in jointly owned property, a critical aspect of property law. This case serves as a significant reference for similar disputes regarding joint ownership and possession rights, ensuring the legal protections afforded to co-owners are upheld, fostering a clearer understanding of property rights within the legal framework. Key terms include co-ownership, possession rights, permanent injunction, partition, and Civil Procedure Code. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MIANGUL HASSAN AURANGZEB
|
| Lawyers |
Mr. Zulfiqar Ali Abbasi,
Ch. Asif Irfan,
Raja Yasir Shakeel
|
| Petitioners |
GULFRAZ & others
|
| Respondents |
MIR DAD & another
|
| Citations |
2017 SLD 919,
2017 PLJ 52
|
| Other Citations |
AIR 1940 Lah. 473,
PLD 1955 Pesh. 26,
PLD 1956 Pesh. 96,
PLD 1959 SC 9,
2012 CLC 1618,
2006 MLD 442,
2016 CLC 1255
|
| Laws Involved |
Civil Procedure Code, 1908
|
| Sections |
O. XXXIX, Rr. 1 & 2
|