Citation Name: 2023 MLD 733 PESHAWAR-HIGH-COURTBookmark this Case ZAMURAD KHAN vs GHULAM RABANI Ss — 2023 MLD 733 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 733 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 733 PESHAWAR-HIGH-COURTBookmark this Case ZAMURAD KHAN vs GHULAM RABANI Ss
Subject matter: Civil

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

Citation Name: 2023 MLD 733 PESHAWAR-HIGH-COURTBookmark this Case ZAMURAD KHAN VS GHULAM RABANI Ss. 42, 54 & 8---Suit for declaration, permanent injunction and possession--- Un-partitioned property--- Maintainability--- Scope---Petitioners filed a suit for permanent injunction and possession against their co-sharers with the contention that they were in possession of their respective shares as a result of private partition---Trial Court and Appellate Court concurrently rejected the plaint---Validity---Parties were co-sharer in the disputed property along with other co-sharer, hence, they could not seek permanent injunction and possession against the other co-sharer, rather they should have filed a suit for partition before proper forum---No suit for declaration, permanent injunction and possession could be filed by a co-sharer against other co-sharer and only remedy for him was to ask for partition of the suit property---Petitioners had failed to point out any illegality or irregularity committed by the lower courts while passing the impugned judgments and decrees warranting interference by the High Court in its revisional jurisdiction---Revision petition was dismissed.

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