Citation Name: 2024 YLR 2130 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sara Akhtar vs Mehmood Khan O

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Citation Name: 2024 YLR 2130 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sara Akhtar VS Mehmood Khan O. XXI, R. 35(2)---Specific Relief act (I of 1877),Ss. 39, 42, 54 & 55---Execution of declaratory decree---Scope---Suit for declaration with permanent injunction was decreed with a direction to revenue authorities to cancel the disputed mutations and sanction a mutation in the name of the petitioner---Petitioner being co-sharer claimed physical possession of a specific khasra or specific portion from joint khata in lieu of declaratory decree---Validity---Decree of declaration could not be enforced by way of filing an execution petition---Decree passed in a suit for declaration does not create or confer a new right, but the same would declare a pre-existing right---any person entitled to any legal character, or to any right as to any property may institute a suit against any person denying or interested to deny his title to such character or right and the Court may in its discretion make a declaration that he is so entitled---Decree sought to be executed should be capable of execution i.e. it should order the doing of an act or restrain the doing of an act---Decree is to be executed by the executing court in accordance with its terms and conditions without modification---Petitioner being a co-sharer after getting decree of declaration got the previous status---Possession of one co-sharer is always considered to be possession on behalf of all co-sharers---Co-sharer having possession even on the fractional share of the joint land has a right, title and interest in every part of the joint land till such land stands partitioned by metes and bounds in accordance with law---Being a co-sharer in joint khata possession against the respondents was absolute and final but with regard to other shareholders was constructive and symbolic until partition of the property---Petitioner in the suit neither prayed for recovery of any possession of property nor any decree was passed in this regard---appellate court erred in law while setting aside the order of executing court---Civil revision filed by the petitioner was dismissed and the one filed by the respondent was allowed accordingly.

Citation Name: 2024 YLR 2130 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sara Akhtar vs Mehmood Khan O — 2024 YLR 2130 LAHORE-HIGH-COURT-LAHORE

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