ATIA KAUSAR vs NASREEN GUL Ss — 2023 CLC 430 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 430 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: ATIA KAUSAR vs NASREEN GUL Ss
Subject matter: Civil
Provisions referred to: S. 161

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

ATIA KAUSAR VS NASREEN GUL Ss.135 & 161---application for partition---appeal---Improvements / construction during pendency of appeal---Scope---Petitioner was aggrieved of the observation given by the additional District Judge to the extent of allowing subsequent construction by the respondents on the property in dispute at their own risk and cost---Validity---Parties were co-sharers and construction over the suit property was not disputed by them---Only contention of the petitioner was that the respondents could not raise construction over the joint land as it was yet to be partitioned---Final decree of partition had been passed by assistant Commissioner, however, the decree had already been assailed through an appeal under S. 161 of the Punjab Land Revenue act, 1967---Right of petitioner had already been safeguarded---In case the appeal filed in revenue hierarchy was decided in favour of petitioner, then the respondents would not be able to claim any compensation for the construction or improvements made by them on the spot---Constitutional petition was dismissed.

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