SARDARA vs MANZOOR BIBI Ss — 2023 YLR 1764 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1764 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: SARDARA vs MANZOOR BIBI 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

SARDARA VS MANZOOR BIBI Ss. 4 & 3(c)---Suit for partition of immovable property--- Agricultural property---Scope---Plaintiffs assailed the dismissal of their suit for partition---Validity---Plaintiffs averred that the joint property (Haveli) was in possession of defendants who were adamant to raise construction on it and alienate the same therefore, the same should be partitioned---Case of the defendants was that they were not raising any construction and a Dera had been constructed on the property which was made for agricultural purposes as a saw machine had been installed thereon and hence, the suit was not maintainable---Validity---Appellate Court had observed that the Haveli was a minor portion in the khewat wherein major portion was agricultural land---Haveli was part and parcel of the agricultural land as it was not being used for residential purpose---Since the plaintiffs had not sought partition of the complete land of the khewat, therefore, the property could not be partitioned by metes and bounds---Preponderance of evidence indicated that the plaintiffs had failed to establish their case and the Appellate Court had analyzed the same through cogent reasons and had rightly dismissed the suit---Revision petition was dismissed.

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