Co-Sharer

  1. Appellants are co-sharers in the suit land but they are not entitled to decree for possession because they are already in joint possession with the respondents. Held: Remedy lies with the Revenue Authorities by seeking the petition of the land. M. Rustam v. M. Malik 1998 SCR 131 (A)
  2. Joint land — Possession of one co-sharer of a joint land is deemed to be the possession of other co-sharers. Abdul Sattar and 4 others v. Tariq Aziz and 7 others 1999 SCR 151 (A)
  3. In law every co-sharer is deemed to be the owner of every piece and parcel of the land unless the same is regularly partitioned. M. Yousaf Khan v. Board of Revenue 2001 SCR 324 (D)
  4. If a co-sharer in possession can prove his open and adverse possession for a period of more than 12 years to the total ouster of other co-sharers, the co-sharer who is in possession, his possession shall be deemed to be adverse against the co-sharers. Muhammad Yousaf Khan v. Board of Revenue and 12 others 2001 SCR 324 (B)
  5. It is also well settled principle of law that person who becomes co-sharer by purchasing land out of one survey number in khewat he would be deemed co-sharer in whole of survey numbers compromised in a khewat. M. Malik v. Yaqoob Javed Batalvi & another 2002 SCR 47 (D)
  6. High Court while accepting appeal of Noor Hussain passed a decree of specific possession against appellants — Fact of the matter is that both appellants as well as respondent are co-sharers — High Court in passing a decree of specific possession travelled beyond its jurisdiction — Instead of passing a decree of specific possession, a decree of joint possession passed. Ali Begum and 10 others v. Noor Hussain Khan 2003 SCR 30 (D) 1998 SCR 131, 2002 SCR 191, 1995 SCMR 462, PLJ 1996 SC (AJK) 165, rel.
  7. Suit for decree of joint possession — Maintainability. Held:  A co-sharer in joint property is always entitled to get a degree of joint possession and a suit for decree of joint possession is maintainable by a co-sharer.  Sakhiullah v. Habibullah 2011 SCR 133 (D)
  8. The joint owners and co-sharers are presumed owners in possession of every inch and every part of the land — Principle of law. Pervaiz Khan v. Adalat Khan 2013 SCR 262 (B)
  9. According to settled law, the status of a co-sharer has to be determined on the basis of khewat, khatooni, and Mahal.  M. Yaqub v. Zaman Ali & 6 others 2014 SCR 684 (B)  2002 SCR 47 ref. 
  10. —suit for possession under section 9, Specific Relief Act, 1877—dismissed—appeal, being incompetent, was dismissed–admittedly contesting parties were co-sharers and closed relatives–remedy of filing regular suit was available to the appellant, if so advised—findings recorded by the Supreme Court and the adjudication made by the Trial Court not to prejudice appellant’s suit, if preferred. M. Arif Khan v.  Mst. Shabina Kousar & 24 others 2020 SCR 165 (D)
  11. —In a suit against co-sharer pertaining to undivided land, decree of joint possession can be passed. Mansha Hussain Versus Muhammad Afzal & 5 others 2021 SCR 392 (B) 2003 SCR 30 ref.
  12. —Any co-sharer can validly alienate the land from a specific survey number even the same exceeds his share in the specific survey number—-provided the same is not in excess of his overall share in the Khewat. Waheed Ashiq v. Rashid Hussain & others 2022 SCR 460 (A & B) 1993 SCR 182 rel
  13. —A co-sharer having possession of the land can validly alienate land—subject to his overall share in whole land—held: it is the settled principle of law that a co-share in possession of specific Khawit number can validly transfer such land even if his share in such specific number exceeds his share, subject to the condition that it does not exceed his overall entitlement of the share in the whole land the Wendy’s rice will be subject to adjustment on partition but such a sale cannot be legally challenged on the real ground that he left sold exceeds the share of vendor in these specific numbers. Khadim Hussain & others v. Mehrban Hussain & others  2022 SCR 1016 (C) 1993 SCR 182 & PLD 1978 SC AJ&K 75 rel.
  14. —Transfer of land by co-sharer in excess of his share— held: it is settled that a co-sharer who is in possession of any portion of a joint khata, can transfer that portion subject to adjustment of the rights of the other co-shares at the time of partition. Khadim Hussain & others v. Mehrban Hussain & others  2022 SCR 1016 (D)
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