' MUNIR A. SHEIKH, J.---This petition is directed against the judgment dated 1-3-1999 of the Lahore High Court Multan Bench through which revision petition filed by the petitioner against the judgment dated 15-10-1996 of the first appellate Court dismissing his appeal against the partition decree passed in favour of respondent No,1 has been dismissed.
2. The facts of the case relevant for the disposal of this petition briefly stated are that the Shop in dispute of bearing No,671-D Ward No,3, Hussain Aqahi Bazar, Multan City was admittedly owned by one Syed Bahadur Ali Shah. On his death, he was succeeded by his sons and widow Mst. Ghulam Fatima. 1/2 share in the shop was sold to Dr. Muhammad Azam and Mst. Yasmin who further sold the said 1/2 share to Abdul Samee respondent through registered sale-deed dated 29-5-1985.
Abdul Samee filed an ejectment petition to seek ejectment of Ghulam Rasool, a tenant of the shdp which was allowed through judgment dated 8-9-1986 against which the appeal of the tenant was dismissed by the learned Additional District Judge, Multan through judgment dated 17-1-1989 but writ petition filed by him was allowed with the findings that before seeking ejectment of a tenant from jointly owned property, Abdul Samee Should seek partition of the property to separate his share.
3. Respondent No,1 Abdul Samee on 22-4-1992 filed the instant suit from which this petition has arisen. Earlier to that on 28-9-1992, the present petitioner had already filed suit for declaration to the effect that he was owner of 1/2 share in the property having been purchased from Mubarak Ali Shah and that he had mortgagee rights in the remaining 1/2 share having been purchased from Ghulam Ahmad and Mst. Niazan to whom the same had been mortgaged by Mst. Ghulam Fatima widow of Syed Bahadur Ali' Shah. Both the suits were consolidated and decided through judgment dated 6-11-1995. A preliminary decree for partition was passed in the suit titled 'Abdul Samee v.
Hussain Bakhsh' filed by Abdul Samee respondent No,1 whereas the suit filed by Hussain Bakhsh, petitioner was dismissed being infructuous. Two appeals were filed by the present petitioners, one against the preliminary decree passed in favour of Abdul Samee in his suit and the other disposing of his (petitioner) suit being infructuous. The appeal filed by the petitioner against preliminary decree in favour of Abdul Samee was dismissed by the learned Additional District Judge through judgment dated 15-10-1996 whereas the appeal filed by the petitioner in his own suit claiming mortgagee rights was accepted and the case remanded to the trial Court which is pending.
Revision petition filed by the petitioner against the preliminary decree passed in favour of Abdul Samee has been dismissed through the impugned judgment, dated 1-3-1999 by the learned Judge of the High Court against which leave is sought.
4. Learned counsel for the petitioner when pointed out as to how the petitioner is adversely affected, for the petitioners own case was that so far, entitled in the shop is concerned, he was owner to the extent of 1/2 share and the other 1/2 was owned by Abdul Samee having been purchased by him through registered sale-deed and in case the petitioner would succeed in establishing in his own suit that he was a mortgagee about any portion of the shop having been validly purchased, the same would be a charge over the said 1/2 share which has been given to the respondents to whom even if after partition, physical possession of the shop is delivered has no answer. We may also observe that Abdul Samee is party in the suit filed by the petitioner in which he had claimed mortgagee rights, therefore, whatever decree shall be passed in that suit finally, the same shall be binding on him and the petitioner, therefore, the petitioner cannot feel aggrieved.Against preliminary decree passed in favour of Abdul Samee and even after passing of final decree, the rights of the petitioner as alleged mortgagee are squarely safeguarded.
5. This petition has no merit which is accordingly dismissed and leave to appeal refused.