| Case ID |
4646691e-3b22-447e-bf92-a91bb4e88803 |
| Body |
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| Case Number |
Civil Appeal No. 9Q of 1984 |
| Decision Date |
Apr 21, 1987 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine the legal competency of a suit for ejectment from immovable property by one co-owner against other co-owners regarding an undivided share. The court found that the plaintiffs had constructed their case based on the premise that they were entitled to 11 out of 16 shares, while the appellant claimed sole ownership. However, the court ultimately determined that a decree for joint possession was more appropriate than a decree for eviction. The decision modified the original decree to grant joint possession in favor of the plaintiffs based on their shares, allowing for a fair resolution of co-ownership rights without evicting the appellant from the property. |
| Summary |
This case revolves around the legal intricacies of co-ownership and the rights of co-owners in property disputes. The Supreme Court of Pakistan addressed the fundamental question of whether a suit for ejectment could be maintained when one co-owner seeks to dispossess another co-owner from an undivided share of property. The court's ruling emphasized the importance of equitable relief, clarifying that while a decree for eviction was not appropriate against a co-sharer, a decree for joint possession could be granted. The case highlights key principles of property law and the procedural nuances involved in civil litigation concerning property disputes, particularly in the realm of joint ownership rights and the execution of decrees under the Civil Procedure Code. This ruling set a precedent for future cases involving co-owners, reinforcing the legal framework governing property rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S. A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Muhammad Aslam Chishti, Advocate Supreme Court,
Khalid Malik, Advocate Supreme Court,
S.A.M. Qadri, Advocate-on-Record
|
| Petitioners |
AMIR MUHAMMAD
|
| Respondents |
Respondent No. 3,
Respondent No. 1,
Respondent No. 2,
Respondent No. 4,
Respondent No. 5,
Respondent No. 6,
Respondent No. 7,
NAIK MUHAMMAD
|
| Citations |
1987 SLD 604 = 1987 SCMR 1591
|
| Other Citations |
Bishesar Singh v. Hanuman Singh AIR 1922 All. 31.4,
Hanuman Parsad Narain Singh v. Mathura Parsad Narain Singh AIR 1928 All. 472,
Hayat and others v. Muhammad Sadiq and others PLD 1956 Lah. 195,
Mehr and others v. Mst. Sahib Jan PLD 1973 Lah. 455
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 185(3),
Art. 185,
O. XXI, R. 35(2)
|