IN THE LAHORE HIGH COURT, LAHORE.

Civil Revision No. _________________/2011

M. Ilyas v. Sarfraz Hussain, etc
Written submissions for Petitioner
Respectfully Sheweth:
Suit/application for partition by R.1 12-02-01 (6), application for amendment ( ) -
Property Khewat.592, Khatoni.670, Khasra.499/2, 01M-175/3/4SF (28 X 16) P-85, Fsbd
Rd, Jwl, against P & PR - property joint, shared by R.1 (12/64), P (40/64) & PR (12/64) –
P purchase from PR, appeal dismissed to extent of PR Order 02-04-10 ( ) Relied on
Fard Jamabandi 1998-99 Ex.A.1 (23), R.1’s SD. 154 dt 20-01-93, P’s SD. 1926 dt 03-12-
90 - purchased share of Shakeel Ahmad & only part portion of the shop on ground floor
taken possession of, un-partitioned – also for possession. P’s Written statement (8) PO:
suit not maintainable actions & conduct of R.1; property already partitioned in private
partition, in possession of respective shares already, spent huge amount on construction,
etc. on merits purchase share of Shakeel, already partitioned admitted in WS ( ) to P’s
suit (32). PR WS ( ) denied. Initially Issues (1-7 &10) on 08-04-02 ( ) later on
P’s application 2 issues (8 & 9) ( ) framed: Issues: ( ): 1. Entitled to partition? OPA
– 2. No cause of action? OPR – 3. Estopped by words & conduct? OPR – 4. Not maintainable in present
form? OPR – 5. No jurisdiction? OPR – 6. Proper Court fee not paid? OPR – 7. To harass, hence, special
costs? OPR – 8. Property subjected finally partitioned, if so, effect? OPR – 9. D.1 spent huge amount for
raising construction, if so, whether entitled to recover, if application in favour of D.1? OPR – Relief. – R.1
AW-1 (18), Fard Jamabani 1998-99 Ex.A-1 (23). P as RW-1 (24) Iftikhar Hussain RW-2
( ) & M. Parvaiz RW-3 ( ) Certified copy Ex.R-1 (32) of P’s suit (32) for possession
thro pre-emption & WS ( ). - J&PreD dt 04-01-10 CJ, Jwl (99) - Issue.1 in favour of
R.1 & Issues. 2-8 against P, Relief appointed Tehsildar, Jwl local commission for
partition, etc. – P filed appeal 28-01-10 (108) dismissed vide J&D dt 14-10-10 ADJ, Jwl
(120)
Grounds: a. Misreading, non reading, no appreciation, contrary to evidence, failed to
exercise jurisdiction vested, acted in the exercise of jurisdiction illegally & with material
irregularity - b. Suit not maintainable, property already divided thro partition btw
previous owners, Shakeel Ahmed,’s shares purchase by R.1, enjoying possession of
respective determined shares. – c. ADJ erred Plea of previous partition based on oral
assertion no evidence – d. ADJ J&D partitioned by metes & bounds not supported by any
evidence. - e. ADJ, Proposition every co-sharer is deemed to be in possession of every
inch of joint property not attracted. - f. Ex.R-1 not considered, in WS PO.3 in para 2
admitted property already partitioned – g. g. CJ’s findings on all issues against facts &
evidence, ADJ mechanically decided Issues.8 & 9 missing from ADJ’s judgement. - h.
CJ not considered EIC, Cross & documentary evidence, bare reading of finding on
Issue.1 reveals without application of legal mind & for rest of issues no evidence. - i.
Impugned judgements Vague, not clear what rights determined to what extent – k.
Admissions of R.1 in oral evidence & contradictions overlooked. j. CJ no jurisdiction.

Petitioner
through
Counsel

Sajid Mahmood Sheikh

L.L.B. (P.b.), M.A. (Phil), M.A. (Pol. Sc.), M.A (Eng Lit)
Advocate Supreme Court of Pakistan
P-LH 11047
3rd Floor, Aziz Law Chambers, 1-Turner Road,
Lahore.