- It is indeed a celebrated principle of law that when parties are initially co-sharers in a certain land the possession of one co-sharer shall be deemed to be the possession of other co-sharers but the exception to the aforesaid rule is that if total ouster of other co-sharers is proved for more than 12 years then the possession of co-sharer becomes adverse against the other co-sharers. Muhammad Zaman v. Fazal Elahi & 20 others 2001 SCR 153 (A)
- There is no rule of law that the possession of co-sharer cannot be adverse to the other co-sharer in all cases and under all circumstances — Thus it cannot be said that as possession of a co-sharer is deemed to be on behalf of all co-sharers, it would not be adverse against co-sharer out of possession. Muhammad Zaman v. Fazal Elahi & 20 others 2001 SCR 153 (B)
- If a co-sharer in possession can establish the ouster of the other co-sharer to his knowledge for more than statutory period then the possession of a co-sharer becomes adverse against the other co-sharers who are not in possession. M. Zaman v. Fazal Elahi & 20 others 2001 SCR 153 (C)
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