This revision petition is directed against the judgment and decree dated 08.06.2022 passed by the learned Additional District Judge-IV, Mansehra, whereby petitioners' appeal filed against the judgment and decree dated 22.09.2021 of Civil Judge-XIII, Mansehra was dismissed.
2. Briefly stated facts of the case are that the present petitioners filed a suit for declaration, permanent injunction and possession to the effect that the disputed property fully detailed in the head note of the plaint was their ownership in a way that some portion got devolved on the petitioner No.1 while some was purchased by him form the legal heirs of his step-grandmother and thus is in the possession and use of the petitioners and thereafter petitioner No.1 mutated the same in the name of petitioners No.2 and 3. The respondents appeared before the learned trial court and contested the suit by filing their written statement. During proceedings of the case, on 07.10.2021 the respondents filed an application under Order VII Rule 7 CPC for rejection of plaint, which was accepted by the learned trial court vide dated 22.09.2021. Dissatisfied with the same, the present petitioners preferred an appeal before the learned Additional District Judge-IV, Mansehra, which was dismissed vide judgment dated 08.06.2022, hence, this revision petition.
3. Arguments heard and record perused.
4. Perusal of the record reflects that the present petitioners instituted a civil suit for declaration, permanent injunction and possession in respect of the property in question fully detailed in the head note of the plaint. The respondents denied the allegation of petitioners in their written statement and averred in the same that the disputed property is joint property and they are also co-sharer in the same. It is clear from the available record that the parties are co-sharer in the disputed property alongwith other co-sharer, hence, they could not seek declaration and permanent injunction against the other co-sharer rather they should have filed a suit for partition of the suit property before proper forum.
5. It is by now settled law that no suit for declaration, permanent injunction and possession could be filed by a co-sharer against other co-sharer and only remedy is for him to ask for partition of the suit. In this regard reliance is placed on cases reported as Mst. Resham Bibi and others Vs Lal Din and others (1999 SCMR 2325), Muhammad Riaz and another Vs Mumtaz Ali thorugh Legal Heirs and others (2006 YLR 1071 Lahore), and Zulfiqar and others Vs Noor Muhammad and others (2002 CLC 711 Lahore). Learned counsel for the petitioners has failed to point out any illegality or irregularity committed by the learned lower courts while passing the impugned judgments and decrees warranting interference by this court in its revisional jurisdiction.
6. For what has been discussed above, this petition being bereft of any merit, is hereby dismissed in limine.