ABDUL REHMAN SHAH vs Khawaja MUHAMMAD SULEMAN and others
This petition arose from a dispute over land ownership and partition. Learned counsel for the petitioner, after arguing the matter, did not press the petition, instead seeking to reserve the petitioner's right to file a suit for partition on the basis that the petitioner had purchased land from the same joint Khata and vendor, thereby stepping into the shoes of the vendor as a joint owner. The Supreme Court of Pakistan dismissed the petition as withdrawn, granting the petitioner the liberty to avail the remedy of a suit for partition if available under the law, notwithstanding the impugned judgment. The court directed that any such suit, if filed, shall be tried and decided independently on its own merits.
- Can a petitioner withdraw a petition to pursue a suit for partition as a joint owner?
- Does the dismissal of a petition as withdrawn affect the right to file a suit for partition if available under the law?
MUNIR A. SHEIKH, J.---Learned counsel after arguing the case for quite some time does not press this petition and reserves the right of the petitioner to file suit for partition as the petitioner is now claiming that he had purchased the land from the same joint Khata and from the same vendor as such had stepped into the shoes of his vendor as joint owner.
2. Dismissed as withdrawn.
3. The petitioner may avail remedy of filing suit of partition if available to him under the law even in the presence of the judgment impugned in this petition which if filed shall be tried and decided on its own merits.