تمام شریک مالکان کو فریق مقدمہ بنائے بغیر دعوی تقسیم جائیداد قابل سماعت نہ ہے

2024 MLD 1508
MUBASHAR ALI SHAH VS MUHAMMAD SHARIF
Civil Revision No 58370 of 2021
Punjab Partition of Immovable Property Act, 2012

Non-impleadment of all other co-owners as defendants-Effect---No claim of mesne profit in the suit---Competency of suit-Non-appearance of petitioner himself as a witness-Effect Claim of the petitioner based on hearsay evidence---Validity---Petitioner did not implead all the co-owners in the suit, therefore, the suit was not maintainable and competent---Passing of preliminary decree in partition suit under Punjab Partition of Immovable Property Act, 2012, (ACT) is not provided; therefore, without claiming mesne profit undem the Act, the suit was not competent---Deposition of PW.1& PW.2 was based on hearsay, which had also rightly been disbelieved by the lowe courts-Non-appearance of the petitioner himself in the witness box ane not making deposition on oath also went against him---Courts below ha rightly appreciated and evaluated evidence of the parties and had reache to a just conclusion, concurrently, that the petitioners had failed to prov their case by leading cogent, confidence inspiring and trustworth evidence---Concurrent findings on record could not be disturbed exercise of revisional jurisdiction under S. 115 of C.P.C---