1987 SCMR 1591 SUPREME-COURT

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AMIR MUHAMMAD VS NAIK MUHAMMAD Civil Procedure Code --Order XXI of C.P.C. Execution of Decrees and Orders--35 , ---Art. 185--Civil Procedure Code (V of 1908), O. XXI, R. 35(2)-Decree for joint possession--Plaint in suit showing that the plaintiffs had prayed that the possession may be taken from the appellant and delivered to them which clearly meant a decree for eviction--Counsel for plaintiffs unable to support the proposition that a decree for eviction could be validly passed in respect of undivided share against a co-sharer--Such a decree would not be executable in the mode prescribed by 0. XXI, R. 35(2), C.P.C.--Civil Court could, irrespective of specific relief claimed, grant any other relief which the circumstances of the case justified--Although plaintiffs claimed a decree for ejectment by dispossession of the appellant, Supreme Court, held, could modify the same and grant a decree for joint possession-Decree modified and converted into a decree for joint possession in favour of plaintiffs in respect of subject-matter of suit to the extent of their shares.