ZAFAR IQBAL vs MUHAMMAD RAFIQ Joint (undivided) khata — 2024 SCMR 1791 SUPREME-COURT

Case information

Citation: 2024 SCMR 1791 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: ZAFAR IQBAL vs MUHAMMAD RAFIQ Joint (undivided) khata
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

ZAFAR IQBAL VS MUHAMMAD RAFIQ Joint (undivided) khata---Vendee (buyer), right of---Vendee, who buys from a co-sharer, who owns an undivided khata in common with others, is clothed with the same rights as the vendor (co-sharer) has in the property, no more and no less---If the vendor (co-sharer) was in exclusive possession of a certain portion of the joint land and transfers its possession to his vendee, so long as there is no partition between the co-sharers, the vendee must be regarded as stepping into the shoes of his transferor (co-sharer) qua his ownership rights in the joint property, to the extent of the area purchased by him, provided that the area in question does not exceed the share which the transferor (co-sharer) owns in the whole property.

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