Syed ALI ASIM JAFFARI vs QAMAR ABBAS S — 2023 CLC 895 ISLAMABAD

Case information

Citation: 2023 CLC 895 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: CLC
Parties: Syed ALI ASIM JAFFARI vs QAMAR ABBAS S
Subject matter: Civil
Provisions referred to: S. 8---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

Syed ALI ASIM JAFFARI VS QAMAR ABBAS S.8---Suit for partition---Preliminary decree---Execution---Mesne profits---Entitlement---Petitioners were aggrieved of refusal of respondent to vacate portion of suit property in her possession, in the light of preliminary decree passed by Trial Court---Plea raised by respondent was that she had retained possession in lieu of partition of agriculture land still to be partitioned---Trial Court and Lower Appellate Court declined to deliver possession to petitioners---Validity--- Fact that agriculture land remained to be partitioned or sold had no co-relation to settlement and distribution of shares in relation to other properties that had formed part of partition suit---Preliminary decree was a final decree in relation to properties in relation to which respective shares stood distributed between co-sharers---Merely because it was a preliminary decree in relation to agriculture land that remained to be distributed and/or sold did not make such decree a preliminary decree in relation to properties, the distribution of which had already taken place and constituted a matter that required no further adjudication---High Court directed the respondent to hand over possession to petitioner and set aside orders passed by Trial Court and Lower Appellate Court---High Court declared that petitioners were entitled to receive rent from respondent to be determined by Executing Court for the period respondent declined handing over of the possession till such possession would be handed over---Revision was allowed, in circumstances.

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