{"id":522,"date":"2017-01-18T12:24:36","date_gmt":"2017-01-18T12:24:36","guid":{"rendered":"http:\/\/atmateen.com\/?p=522"},"modified":"2017-01-18T12:24:36","modified_gmt":"2017-01-18T12:24:36","slug":"possession-through-partition-mesne-profit","status":"publish","type":"post","link":"https:\/\/atmateen.com\/possession-through-partition-mesne-profit\/","title":{"rendered":"Format of Suit For Possession Through Partition With Mesne Profit"},"content":{"rendered":"
The Punjab partition of immovable property act of 2012 governs the suit of possession through partition. That’s why partition suit draft is provided here. This Punjab partition of immovable property act of 2012 is applicable only in the Province of Punjab though this is a special law but all the provisions of code of civil procedure 1908 also applicable on it.\u00a0 The concept of Property possession through partition suit is recognized even in the famous legal maxim. Which says that;<\/p>\n
\nNemo in Communione potest invitus detineri<\/p>\n<\/blockquote>\n
Which means that no one can be kept in co-proprietorship against his will. Partition is merely an arrangement in which co-sharers having undivided interest in joint properties take their by arranging specific properties.<\/p>\n
In the suit for possession through partition there is no loser or winner. Rather both parties are to be called winner because property is divided respectively among co-sharers. But if the possession of the property is in the hands of tress-passer, then he can be loser of partition suit.<\/p>\n
How Property is Divided in Suit for Partition and Possession<\/h2>\n
For the purpose of partition law divides the suit property is three types;<\/p>\n
\n
- Pure Agricultural Properties,<\/li>\n
- Agricultural and Constructed mixed properties, and<\/li>\n
- Pure Constructed Properties (in the shape of houses, shops, markets and etc).<\/li>\n<\/ol>\n
Remember revenue authorities in Pakistan has the exclusive right to decide the suit for partition and possession relating to agriculture. But where suit for separate possession is half agriculture and half constructed, then\u00a0it will be examined which type of property has a major portion. If it’s agriculture then file a suit for partition and separate possession draft in revenue court other wise ordinary civil court have the jurisdiction to entertain the matter.<\/p>\n
How To File Partition Suit in Civil Court<\/h2>\n
You can start this particular civil suit in ordinary civil court. For that\u00a0format of plaint in suit for partition is given below. All Suit for partition involves two main stages, that is;<\/p>\n
\n
- Preliminary decree or stage<\/li>\n
- Final decree or stage<\/li>\n<\/ol>\n
When a mesne profits in partition suit with possession id filed in court. The court first hears initial arguments and then issue notices to opposite party. When both party appear at next date\u00a0trial Court starts with examining the question of jurisdiction, the entitlement of parties as co-sharer. Court also analysis the merits of the case. Where the court thinks that plaintiffs case is made out on true assertion. It immediately determines the shares of the parties in joint property.<\/p>\n