SAKHI MUHAMMAD vs HAJI AHMED Ss — 2023 CLC 380 LAHORE-HIGH-COURT-LAHORE

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SAKHI MUHAMMAD VS HAJI AHMED Ss.135 & 147---Partial partition---Maintainability---Respondents/plaintiffs claimed that the suit property had attained the residential character which was joint inter se parties and that the petitioners were intending to alienate the property---Trial Court passed preliminary decree and appeal of the petitioners was dismissed---Petitioners contended that respondents/plaintiffs did not include the whole land in the suit and as such the suit was hit by partial partition---Respondents contended that petitioner did not bring any cogent material on record to establish the question of private partition; that private partition would have no impact unless compliance of S.147 of the Punjab Land Revenue Act, 1967, was made; that suit Khasra was the only Khasra which had attained the urban nature---Validity---Admittedly parties to suit were co-owners---Respondents' witness deposed that in terms of private settlement, the petitioners were in possession of the property falling in their share and that other co-owners were also holding their respective possession as per their entitlement---No written instrument was produced to establish private partition---Petitioners failed to lead any cogent evidence with regard to private partition---Suit property was part of a Khewat which consisted of 11 Khasra numbers and property falling therein was joint inter se parties and the suit property was not separable from the property situated in other Khasra numbers of the same Khewat---Respondents initially moved an application under S.135 of the Punjab Land Revenue Act, 1967, seeking partition before Tehsildar/Assistant Collector which was declined and appeal was dismissed by District Collector---Suit for partial partition was not proceedable---Revision petition was dismissed accordingly.

SAKHI MUHAMMAD vs HAJI AHMED Ss — 2023 CLC 380 LAHORE-HIGH-COURT-LAHORE

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