Undivided immovable property

Suffice it to say that this legal point has already been discussed by the honourable Supreme Court of Pakistan in a judgment reported as “Taj Wali Shah Vs Bakhti Zaman” (2019 SCMR 84) and held as under;

viii. In an undivided immovable property one of the cosharers can maintain a suit for ejectment of a possessor in respect of the entire property and in such a case the following may ensue:

firstly, the said suit of the co-sharer cannot be considered as evidence of his-denial of the title of the other co-sharers;

secondly, that the suit brought by said co-sharer would be deemed to be for the benefit of the other co-sharers; and

thirdly, when the said co-sharer acquired possession in consequence of the said proceedings, he would be in possession of the entire property, on behalf of all cosharers and his said possession cannot be deemed as adverse to the other co-sharers.

Used in Judgment of
Lahore High Court
Civil Revision
1599246.137-14