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MUHAMMAD YOUSAF vs ADDITIONAL DISTRICT JUDGE, FEROZEWALA Partition — 2023 PLD 503 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 PLD 503 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
PLD
Parties
MUHAMMAD YOUSAF vs ADDITIONAL DISTRICT JUDGE, FEROZEWALA Partition
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

MUHAMMAD YOUSAF VS ADDITIONAL DISTRICT JUDGE, FEROZEWALA Partition---Rights of vendee from co-sharer regarding possession---Scope---Vendee purchasing property from a co-sharer, who owns an undivided joint property, is clothed with the same rights in the property, no more or no less than that of the vendor---If the vendor was in exclusive possession of a certain portion of the joint land and transfers its possession to the vendee, so long as there is no partition between the co-sharers, the vendee must be regarded as stepping into the shoes of the transferor qua ownership rights in the joint property, to the extent of the area purchased, provided that the area in question does not exceed the share which the transferor owns in the whole property---Alienation of specific portion to the vendee would only entitle the latter to retain ostensible possession till such time as an actual legal partition by metes and bounds takes place between the co-sharers.

Other judgments reported in 2023 PLD

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