KHADAM HUSSAIN vs KHURSHEED BIBI Ss — 2022 MLD 1565 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 MLD 1565 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: MLD
Parties: KHADAM HUSSAIN vs KHURSHEED BIBI Ss
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

KHADAM HUSSAIN VS KHURSHEED BIBI Ss.42 & 54---Suit for declaration and perpetual injunction---Co-sharer of property, rights of---Scope---Plaintiff filed suit for declaration and perpetual injunction alleging therein that she was owner in possession of the suit land; that her house on the suit land was turned into debris in an earthquake and that her real brothers (defendants) were inclined to snatch the suit land---Trial Court decreed the suit---Appellate Court endorsed the decree of the Trial Court to the extent of grant of relief by way of perpetual injunction and dismissed the suit to the extent of declaratory relief---Validity---Parties were admittedly co-sharers and possession of co-sharers over the portion of undivided property was deemed on the part of all the co-sharers---Proper course in such eventuality was to seek partition of the undivided property---Pronouncement of Appellate Court pertaining to dismissal of the suit to the extent of declaratory decree was in consonance with law---Appeal was dismissed.

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