Find a Lawyer

Civil Petition for Special Leave to Appeal No. 180 of 1978, decided on 28th November 1978.

(On appeal from the judgment and order of Lahore High Court, Lahore, dated 9‑2‑1978, in W. P. No. 2128/77).

‑---S. 77‑Rendition of accounts‑Petitioners in possession of disputed land as co‑sharers or co‑owners in excess of their entitlement Petitioner, held, liable for rendition of accounts and to pay amount subsequently found due against them‑Fact of other party being similarly in possession of joint land in excess of their shares in another village and as such also liable to account to petitioners for same, held further, being not subject‑matter of suit in hand nor accounts of that village being in issue in present suit same could not be made a ground to find any infirmity in impugned orders.‑[Possession].

Ch. Ghulam Dastgir, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing: 28th November, 1978.

‑(i) Sultan Saleem, (ii) Zulfiqar Rasul, and (iii) Lal Khan (hereinafter called the plaintiffs) filed a suit under section 77 (k) of the Punjab Tenancy Act XVI of 1887 against Muhammad Afzal Khan (now represented by his legal representatives) and others (hereinafter called the defendants‑petitioners) for rendition of accounts of joint land which was situated in four villages, namely (a) Garhi Awan, (b) Solgim Awan, (c) Nanoana and (d) Burj Fateh Ali in Tahsil Hafizabad of District Gujranwala and was in cultivating possession of the defendants in excess of their shares therein. A preliminary decree in that suit was passed on 30‑4‑1973 by the Revenue Court of the Assistant Collector (1st Grade). The defendants filed an appeal but without any success as the same was dismissed by the Collector on 19‑9‑1973. A revision petition of the defendants was similarly dismissed by the Additional Commissioner on 5‑3‑1974 and their further revision was dismissed by the Board of Revenue (Punjab) on 21‑3‑1977. The defendants then filed a writ petition bearing No. 2128 of 1977 which was dismissed by a learned Single Judge of the Lahore High Court in limine on 12‑9‑1977. The defendants filed a review Petition No. R. A. 14/78 which too met the same fate and was dismissed by a division bench in limine on 15‑2‑1978. The defendants have come up in a petition for special leave to appeal against the last mentioned two orders of the High Court.

2. It is conceded that the petitioners are in possession of the land in dispute as co‑sharers or co‑owners in excess of their entitlement. In that view of the matter there is absolutely no justification on the part of the petitioners to deny their liability for rendition of accounts or to refuse to pay the amount consequently found due against them as such. The only point argued by the learned counsel before us was that there was a fifth village known as Kot Rehmat Khan situated in Tehsil and District Sheikhu pura where the plaintiffs are in possession of similarly joint land in excess of their shares and as such they too are liable to account to the defendants for the same. It may be mentioned that as the case of the aforesaid fifth village was not the subject‑matter of the present suit and nor the accounts of that village were in issue therein, therefore the same cannot be made a ground to find any infirmity in the orders impugned before us. The petition has no merit and is dismissed.

Petition dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.