Mst. KANEEZ BATOOL vs ALLAH BUKHSH S — 2024 CLC 630 LAHORE-HIGH-COURT-LAHORE

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Mst. KANEEZ BATOOL VS ALLAH BUKHSH S. 8---Civil Procedure Code (V of 1908), S. 47---Suit for recovery of possession---Execution proceedings, objection to---Respondents / judgment debtors filed objection against execution proceedings on the ground that they had become co-sharers in suit property---Executing Court dismissed the objection but Lower Appellate Court allowed the same---Validity---By leading credible evidence, petitioner / decree holder validly proved her entitlement in respect of property in dispute clearly described in plaint and falling in a particular Khata/Khewat---Petitioner / decree holder proved unlawful occupation thereof by respondents/judgment debtors and such findings were upheld by Lower Appellate Court as well as High Court---Such findings during trial could not be brushed aside in execution proceedings as Executing Court could not go beyond the decree---Petitioner / decree holder could not be compelled to approach relevant forum for partition of joint Khata/Khewaton the basis of changed circumstances---Suit property was purchased by respondents/judgment debtors through registered document and the same would amount to adding to agony of a litigant/decree holder who successfully proved her title against an illegal occupant, i.e., respondents/judgment debtors---Respondents / judgment debtors, after purchase of some share/property through registered sale deed in joint Khata/Khewat, stepped into the shoes of vendor---Even if the vendor was acknowledged as co-sharer in Khata/Khewat, he could not transfer a better title then he himself had---Vendor or his mother were not in possession of suit property when the suit was instituted by petitioner / decree holder or even subsequent thereto---High Court set aside the order passed by Lower Appellate Court and that of Lower Appellate Court was restored---Revision was allowed, in circumstances.

Mst. KANEEZ BATOOL vs ALLAH BUKHSH S — 2024 CLC 630 LAHORE-HIGH-COURT-LAHORE

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