| Case ID |
37cb03f9-de3c-4472-9a57-72814be02517 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.12-P of 1991 |
| Decision Date |
Mar 08, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that co-owners have the right to enjoy their respective shares of the property and cannot retain the share of their co-owners. The Court emphasized that a decree cannot be passed in favor of co-sharers for possession of land that does not belong to them, but only for the extent of their own share. In this case, the Court reiterated that co-owners could seek a declaration of title and possession even if they were not the sole owners of the property. It was further clarified that non-party co-sharers can be granted the benefit of a decree by the executing court, thereby ensuring equitable rights among co-owners. |
| Summary |
This case revolves around the principles of co-ownership and the rights of co-sharers in property disputes. The Supreme Court of Pakistan examined the nuances of the Civil Procedure Code, particularly focusing on Order XXI, Rule 15, which addresses the rights of co-owners in seeking declarations of title and possession. The Court highlighted that while a co-sharer cannot claim possession beyond their share, they are entitled to seek relief when their rights are infringed upon by other parties. This landmark decision reinforces the importance of equitable treatment of co-owners and sets a precedent for future cases involving property disputes. Key terms include co-ownership rights, property law, Civil Procedure Code, and equitable relief, which are essential for legal practitioners and scholars alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
WALI MUHAMMAD KHAN, J
|
| Lawyers |
|
| Petitioners |
others,
ABDUL SALAM
|
| Respondents |
others,
SHAH SAOOD
|
| Citations |
1992 SLD 648,
1992 SCMR 1208
|
| Other Citations |
Muhammad Muzaffar Khan v. Muhammad Yusuf Khan PLD 1959 SC (Pak.) 9,
Atta Muhammad v. Sahibzada Manzoor Ahmad and others 1992 SCMR 138,
Province of West Pakistan through the Secretary, Revenue Department, Lahore v. Associated Hotels of India Ltd. 1973 S C M R 367,
Dipa v. Lal Chand and others A I R 1922 Lah. 393,
Vinod Sagar v. Vishnubhai Shanker Kakobhai and others A I R 1947 Lah. 388
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| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXI, R.15,
O. XXI, R.15(2)
|