Suit for Specific performance

Co-sharer – Appellate Court Court has committed material irregularity while observing that a co-sharer cannot deliver the possession of the specific portion in its possession to someone out of joint property - A co-sharer in actual physical possession of a specific portion out of the big parcel of joint land is entitled to deliver possession thereof to anyone - No doubt, sale of a specific portion or parcel of land out of joint property by a co-sharer shall be deemed to be sale of undivided share out of joint land - However, there is no bar either in the delivery of possession of specific portion or sale thereof out of the joint land.

2021 PLRonline 001