F. Naz v. M. Asif
Sale of Undivided Share - No Exclusive Possession Without Partition
Facts
A sister and co-sharer challenged the stealthy alienation of joint property by her siblings to a third party. The case reaffirmed the following doctrines:
- 01
Competency to Alienate: Per Muhammad Baqar v. Naim-un-Nisa Bibi, every co-sharer owns "each inch" of joint property and may transfer their proportionate interest.
- 02
Status of the Vendee: The purchaser merely steps into the shoes of the vendor as a co-sharer. As reiterated in Mst. Bibi Sughra v. Muhammad Ismail, no co-sharer can claim exclusive possession of a specific portion until partition by metes and bounds is effected.
Judicial Findings
The vendee's assertion of possession over a defined portion was declared illegal. Because physical partition was found to be impracticable, the court ordered an auction and distribution of proceeds under Order XX Rule 18 CPC and the Partition Act, as supported by Abdul Ghani v. Ghulam Sarwar. Furthermore, mesne profits were awarded under Section 2(12) CPC as compensation for the plaintiff's wrongful exclusion.
Legal Significance
The Doctrine:
A purchaser from a co-owner acquires title - but not territory.