Malik SAIF-UR-REHMAN vs ZAHOOR AHMAD MALIK S — 2026 PLD 134 FEDERAL-CONSTITUTIONAL-COURT

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Malik SAIF-UR-REHMAN VS ZAHOOR AHMAD MALIK S. 145---Specific Relief act (I of 1877), Ss.9, 42 & 54---Constitution of Pakistan, art.175F(1)(c)---Possession of immovable property---Joint ownership---Order to avoid breach of peace---Both the parties were co-owners of disputed plot and civil suit pertaining to recovery of possession was pending in Civil Court of competent jurisdiction---There was also an order passed under Section 145 Cr.P.C. to protect peace and possession---Held: Both the parties were in joint ownership and had joint possession---No one was in exclusive possession of the plot which in fact was mandatory for handing over the possession of a semi-constructed plaza to petitioner---Civil suit for possession under Section 9 of Specific Relief act, 1877 was filed by petitioner and suit for declaration and rendition of accounts and permanent injunction was also filed by respondent and as such both parties had landed their respective claim in Civil Court---Nature of order under Section 145 Cr.P.C. was temporary and short lived only during existence of imminent danger to the breach of peace---Rights and liabilities over such property were not finally determined---Co-owner could not be forcibly dispossessed from his own property---How much constructions were carried out and which side was to be sold for what price or retained by petitioner were dependent upon evidence on the basis of which rights and liabilities would be finally determined by Civil Court---Federal Constitutional Court directed that possession of disputed construction would be regulated by Civil Court where the suits were pending and declined to interfere in the matter---Petition for leave to appeal was dismissed and leave to appeal was refused.

Malik SAIF-UR-REHMAN vs ZAHOOR AHMAD MALIK S — 2026 PLD 134 FEDERAL-CONSTITUTIONAL-COURT

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