1988 SCMR 1857

SARWAR Versus KARAMAT HUSSAIN

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Citation1988 SCMR 1857

CourtSupreme Court of Pakistan

Case No.Civil Petition No.6‑R of 1988

Date1988-07-06

Judge(s)Muhammad Afzal Zullah and Ali Hussain Qazilbash

Authored byMuhammad Afzal Zullah

ResultPetition dismissed

ORDER

1. MUHAMMAD AFZAL ZULLAH, J .‑‑Leave to appeal has been sought by a defendant (in a land suit) whose Civil Revision against the decree passed against him, has been dismissed.

2. Learned counsel states that notwithstanding the fact that the petitioner was ejected as a tenant under the respondents' side in the earlier suit, he had a right to maintain his possession gained again through force, on the ground that he also was a co‑sharer in the disputed land.

3. We do not agree with the learned counsel. Even if it were fact that the petitioner was a co‑sharer, he cannot protect the possession forcibly obtained. If as admitted, in the previous suit the respondents' exclusive possession through tenant was accepted and on that very basis the petitioner was ejected as tenant this would be sufficient to show that the respondents being in exclusive possession were entitled to maintain it to the extent of their share, against every trespasser including the petitioner, who claimed to be a co‑ sharer. Leave to appeal accordingly is refused.

4. M. I. /S‑180/S Petition dismissed.