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ABDUL RAUF vs ABBAS O — 2021 CLC 1315 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 CLC 1315 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
CLC
Parties
ABDUL RAUF vs ABBAS O
Subject matter
Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL RAUF VS ABBAS O.XXXIX, Rr.1 & 2---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for the declaration, mandatory and permanent injunction---Temporary---Injunction---Scope---Non-partitioned joint immoveable property---Co-sharers---Scope---appellate Court passed injunctive order restraining the petitioner (co-sharer) from raising construction on joint land pending suit---Respondent contended that the Petitioner without legal entitlement and character, dumped construction material on joint land---Held, that each co-sharer was owner in every part of the joint property---any co-sharer could not be permitted to change the character of the land, to the extent of his entitlement---Mutation of the respective Mauza, in the present case, was complete; the share of each share-holder was mutated in their names, however, the same was unpartitioned between the joint owners (co-sharer)---Petitioner had not disputed the ownership of the respondent(plaintiff) to the extent of his share---alienation of the suit-property, under the circumstances, could change the nature of suit, therefore, any co-sharer could not be allowed to act in a manner which constituted an invasion on the right of other co-sharer---Petitioner failed to point out any illegality or irregularity in the impugned order passed by the appellate Court and no interference was called for---Revision was dismissed, in circumstances.

Other judgments reported in 2021 CLC

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