Where does a co-sharer go for partition, who must be joined, and what must the preliminary decree say? Our research paper studies 36 judgments of the Supreme Court, the Peshawar High Court and other High Courts (1994 to 2026) on partition of joint property. This article summarises what they decide.

Civil court or revenue officer?

The answer depends on the kind of land.

  • Assessed agricultural land goes to the revenue officer under section 135 of the Land Revenue Act, 1967. A civil court decree partitioning such land is a nullity (Qamar Sultan v. Mst. Bibi Sufaidan, 2012 SCMR 695).
  • Houses, abadi land, unrecorded land, and shamilat recorded as ghair mumkin abadi go to the civil court (PLD 2025 Peshawar 1; PLD 2025 Peshawar 103).
  • Where the revenue record has not been prepared under the Act, the civil court may decide (PLD 2022 Peshawar 147).
  • A suit to enforce a private partition of agricultural land belongs to the revenue hierarchy (2023 CLC 690).
  • The Ombudsperson cannot direct partition (Ali Asghar v. Mst. Farkhanda Rani, 2026 CLC 1159).

What are a co-sharer's rights before partition?

Every co-sharer is in possession of the whole estate until it is partitioned (Shabla v. Ms. Jahan Afroz Khilat, 2020 SCMR 352). It follows that:

  • adverse possession cannot be pleaded against a co-sharer before partition (Maqbool Ahmad v. Munir Ahmad, 1995 SCMR 482);
  • a co-sharer in possession of more than his share is not an encroacher, and can be dislodged only through partition (Provincial Government v. Malik Qasim Khan, PLD 2025 Peshawar 227);
  • a buyer from one co-sharer takes that share subject to partition (Kalsoom Malik v. Assistant Commissioner, 1996 SCMR 710);
  • a co-sharer who is dispossessed may sue for partition, or for possession under section 9 of the Specific Relief Act (Contractor Haji Muhammad Alam v. Shaukat Sultan, 2009 SCMR 688).

Who must be joined, and what must be included?

In a dispute about a private partition, all the heirs and the revenue officials must be made parties (Mian Zafar Ali v. Mian Khursheed Ali, 2020 SCMR 291). The plaintiff cannot pick out the valuable houses and leave out the rest of the estate (Shahbaz Khan v. Dowlat Khan, 2026 SCMR 941). The Peshawar High Court prefers curing such defects to dismissing the suit (Syed Amjid Ali Shah v. Sar Biland, 2025 YLR 1928).

The preliminary decree and the final decree

  • The preliminary decree must state the share of every party (Shahbaz Khan, 2026 SCMR 941), as Order XX, Rule 18(2) CPC requires (Aftab Ashraf v. Khursheed Ashraf, 2024 CLC 295, Balochistan).
  • Objections to the local commission's report must be decided before the final decree is passed (Muhammad Ramzan v. Mst. Aisha, 2014 SCMR 151).
  • A defendant who did not challenge the preliminary decree cannot later set aside an ex parte final decree (Mst. Reshma v. Mst. Shabana, 2022 YLR 944).
  • A co-sharer who keeps part of the property after the preliminary decree may owe mesne profits (Syed Ali Asim Jaffari v. Qamar Abbas, 2023 CLC 895, Islamabad).

Is a private partition binding?

It can be. A family settlement admitted by the defendants' attorney binds the parties (Muhammad Akbar v. Province of Punjab, 2022 SCMR 1532), and a private partition supported by a mutation and exclusive possession is binding (Sultan-ul-Arifeen v. Mst. Musarrat Shaheen, PLD 2025 Peshawar 155). An unregistered deed may be used collaterally to show that part of a holding stayed joint (Jehanzeb v. Muhammad Abbas, 1999 SCMR 2182).

What if the property cannot be divided?

The court may order a sale by public bids through the Nazir, with the shares in the proceeds decided on evidence (Mumtaz Ahmad Khan v. Mrs. Siraj, 2011 SCMR 302). An internal auction held without the co-sharers violated due process (Naseem Bibi v. Imran Qayyum, 2025 CLC 813, Lahore).

Practical checklist

  • Choose the forum by the type of land: revenue officer for assessed agricultural land, civil court for houses and abadi.
  • Join every co-sharer, and bring the whole estate into the suit.
  • Insist on a preliminary decree that states every share.
  • Challenge the preliminary decree when it is passed, not at the final decree stage.
  • Prove a private partition by admission, mutation and possession.
  • Do not plead adverse possession against a co-sharer before partition.
  • Put any relinquishment by a female heir to strict proof (Shabla, 2020 SCMR 352).

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This article is general information on the law, not advice on your own case. Time limits can matter, so speak to an advocate promptly about your own matter.