MUbashar Ali Shah vs Muhammad Sharif O — 2024 MLD 1508 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 MLD 1508 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: MLD
Parties: MUbashar Ali Shah vs Muhammad Sharif O
Subject matter: Civil
Provisions referred to: S. 115---P; S. 4---R; S. 115; Immovable Property Act

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

MUbashar Ali Shah VS Muhammad Sharif O. III, Rr. 1, 2 & S.115---Punjab Partition of Immovable Property Act, 2012 (IV of 2013), S.4---Revisional jurisdiction of High Court---Scope---Suit for partition---Non-impleadment of all other co-owners as defendants---Effect---No claim of mesne profit in the suit---Competency of suit---Non-appearance of petitioner himself as a witness---Effect---Claim of the petitioner based on hearsay evidence---Validity---Petitioner did not implead all the co-owners in the suit, therefore, the suit was not maintainable and competent---Passing of preliminary decree in partition suit under Punjab Partition of Immovable Property Act, 2012, (ACT) is not provided; therefore, without claiming mesne profit under the Act, the suit was not competent---Deposition of PW.1& PW.2 was based on hearsay, which had also rightly been disbelieved by the lower courts---Non-appearance of the petitioner himself in the witness box and not making deposition on oath also went against him---Courts below had rightly appreciated and evaluated evidence of the parties and had reached to a just conclusion, concurrently, that the petitioners had failed to prove their case by leading cogent, confidence inspiring and trustworthy evidence---Concurrent findings on record could not be disturbed in exercise of revisional jurisdiction under S. 115 of C.P.C---Revision petition was dismissed accordingly.

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