' Muhammad Zubair petitioner is a joint owner of 89 Kanals and 2 Marlas of agricultural land in Khasra No, 541, village Jabbar, Tehsil and District Attock. Respondents Zakir Hussain and Syed Umar Badshah are also joint owners of 13 Kanals in the said land. The land in question has not been partitioned and is still joint property. The respondents have taken possession of a specific piece of land out of this joint land and started raising construction.
' This action of the respondents has been challenged by way of civil suit brought by the petitioner in the civil Court of Attock and alongwith the suit application praying for temporary injunction was also brought which was declined by the learned Trial Court. Being aggrieved the petitioner appealed and prayed for the grant of a temporary injunction which was declined by the learned appellate Court also. Hence, this revision petition.
2. It is now settled law that every co-owner in a joint property has an interest in each and every inch of the said land and that no joint owner can without first having the property partitioned, take hold of any specific portion or change its character. In this context learned counsel for the petitioner places reliance upon the case of Ali Gohar Khan v. Sher Ayaz and others reported in 1989 SCM R 130.
3. The contentions raised required consideration.
4. Admit. Notice. Record.
C.M. No, 942/95
5. Since the main revision petition has been admitted to a regular hearing, the respondents are restrained from raising any further constructions on the land in question and are directed to maintain status quo meanwhile. C.M. No, 943/95