A co-sharer, whatever the extent of their desire in joint property, is actually a co-proprietor in each inch of that property to the extent in their share until finally a partition happens, which they will rightfully claim.
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The Court restored the trial court’s final decision, emphasising the evidentiary support for the plaintiff’s statements of possession and also the necessity for judicial clarity in this kind of issues (2024 CLC 381).
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The courtroom dismissed a revision petition for hold off in submitting an appeal, underscoring the importance of timely authorized motion to guard a single’s rights in co-ownership disputes.
In the case of Afsar Khan v. Mst. Ghulam Bibi, the Peshawar Substantial Court upheld the theory that plotting of land with no right legal authentication does not bar revenue authorities from conducting partition to safeguard the rights of all co-sharers.
The courtroom held that mere statements of 1 co-sharer about non-public partition do not constitute conclusive proof of this kind of partition. Co-sharers stay entitled to find the property partitioned officially.
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This ruling highlights the court’s purpose in protecting the monetary interests of co-sharers not in possession in the pendency of partition proceedings, ensuring equitable cure.
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