ZIA-UL-HAQ vs MUHAMMAD ISMAIL S — 2022 YLR 2491 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 2491 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: ZIA-UL-HAQ vs MUHAMMAD ISMAIL S
Subject matter: Civil
Provisions referred to: S. 3---S

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

ZIA-UL-HAQ VS MUHAMMAD ISMAIL S.3---Specific Relief act (I of 1877), Ss. 42 & 54---Change in nature of property---Maintainability of injunction---Respondents filed suit for partition against petitioners and other co-sharers---Petitioners during pendency of partition suits alienated their shares through sale deed with specific details---Respondents filed suit for declaration and permanent injunction--- Trial Court rejected the plaint of respondents--- Respondents filed appeal before appellant Court---appellant Court allowed the appeal and set aside the decree for rejection of plaint and matter was remanded to Trial Court---Held, that critical issue was the change in the nature of the property and injunction sought to stall any such attempt, in the garb of construction- Suit for declaration was not maintainable inter se co-owners---No restriction could be imposed on the right of one of the co-sharers to sell his share---Co-sharer in possession of joint property cannot change the nature of property in his possession unless partition takes place by metes and bounds---No illegality was committed by appellate Court in reversal of decision of rejection of plaint---Civil revision was dismissed.

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