Syed GULISTAN vs GULAB KHAN Ss — 2022 MLD 563 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 MLD 563 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: MLD
Parties: Syed GULISTAN vs GULAB KHAN 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

Syed GULISTAN VS GULAB KHAN Ss. 42, 8 & 54---Suit for declaration, possession and permanent injunction---Sale of un-partitioned Shamilat Deh---Scope---Plaintiff filed a suit for declaration, possession and permanent injunction against the defendants---Contention of defendants was that the suit land was Shamilat Deh; that each co-sharer of the property of the village had right and entitlement of proportionate share in accordance with Hasb-e-Haqiat-Aab and that all the co-sharers were necessary party to be arrayed in the suit---Contention of plaintiff was that he had purchased the property in question---Validity---Plaintiff had not mentioned in the plaint from whom he had purchased the property and how much consideration was paid---Where the party had not alleged any ground in pleadings, subsequent evidence had no legal value---Parties were bound by their pleadings and evidence beyond the pleadings could not be considered---Record reflected that the suit property was Shamilat Deh and ownership of village people---No person could transfer the land to other without partition---If any such transaction including gift without consultation of other owners of Shamilat Deh was carried out, the same was violative of the condition laid down in Wajib-ul-Arz---No title or ownership could be conferred upon the plaintiff through the decree---Revision petition, being devoid of merit, was dismissed. Head NotesCase Description

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