HAMEEDAN BIBI vs MANZOOR UL HAQ MALIK S — 2022 MLD 645 LAHORE-HIGH-COURT-LAHORE

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HAMEEDAN BIBI VS MANZOOR UL HAQ MALIK S.8---Recovery of possession---Property sold more than share in joint khata---Respondents instituted suit for declaration with prayer to declare the impugned sale deed as illegal based on fraud etc. since seller had lesser share in joint khata, which was decreed by trial Court---Predecessor-in-interest of petitioners filed separate suit seeking possession of suit property on basis of impugned sale deed being prior in time, which was dismissed---Petitioners' appeals and subsequent revision petitions were dismissed either---Validity---Respondents' sale deed was not challenged rather the possession was prayed for in the petitioners' suit---Record showed the suit property falling in joint khata---Co-sharer was not entitled to alienate more than his share in the joint holding---Sale deeds of two vendees by two different vendors in a joint khata to the extent of shares of their respective vendors were not necessarily/invariably mutually exclusive rather the vendees step into the shoes of their vendors respectively and become co-sharers---Title to the extent of land under entitlement of the purported vendees of the predecessor-in-interest of the petitioners was under dark clouds, which the beneficiary was bound to prove through positive evidence---Petitioners as legal heirs could resort to legal course only against such respondent or her attorney who executed the petitioners' sale deed even though she had title in property lesser than that mentioned in sale deed---No cloud as to the ownership and possession of the respondents in the said khata---Impugned sale deed and that of respondents were executed by two different vendees in a joint khata, though mentioning same khasra numbers and such fact alone could not render both the sale deeds mutually destructive as the petitioners and respondents had been considering it---Any transfer out of joint khata even with regard to a specific khasra numbers was always subject to final adjustment by way of partition---Impugned sale deed had been thrown under the dust of illegality without considering/determining the issue to the extent of the admitted legal share of vendee of the predecessor-in-interest of the petitioners---Revision petition was allowed and concurrent findings to the extent of declaring impugned sale deed void, bogus and fraudulent were set aside with clarification that the impugned sale deed would not operate against the right of the respondents qua the suit property by virtue of the respondents' sale deed.

HAMEEDAN BIBI vs MANZOOR UL HAQ MALIK S — 2022 MLD 645 LAHORE-HIGH-COURT-LAHORE

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