Case Details

Citation(s)
2001 SLG 2609 2001 SLD 2609 2001 CLC 1757
Lahore High Court
Civil Revision No.60-D and Civil Miscellaneous Application No.2. of 2000, decision dated: 22-05-2000
MAULVI ANWARUL HAQ, J
Syed Murtaza Ali Zaidi for Petitioners

Syed MUBASHAR ALI and others

VS

Mst. RAZIA BIBI

Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 12 & 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration and specific performance of contract ---Revisional jurisdiction, exercise of--Suit was concurrently decreed by Courts below---Concurrent findings of facts of Courts below based on evidence on record, and not suffering from any illegality could not be interfered with by High Court in exercise of its revisional jurisdiction. ORDER Civil Miscellaneous No.2/C of 2000 For orders to be passed in the main case no order needs to be passed in this Civil Miscellaneous. The same is accordingly disposed of. Civil Miscellaneous No.2/C of 2000 This is an application for condonation of delay in filing of this Civil Revision. Since I am taking up the Civil Revision today no order needs to be passed in the Civil Miscellaneous. Disposed of accordingly. Main Case Respondent No. 1 filed a suit against the petitioners on 6-4-1993. Her case was that the suit-land was originally owned by Mst. Muhammadi Begum and ultimately devolved upon Mst. Umatur Rasool, mother of petitioners Nos. 1 to 3 and Syed Muhammad Ali Naqvi, the predecessor-in-interest of petitioners Nos.4 to 9; that Mst. Umatur Rasool had appointed her husband Syed Shaukat Ali as a general attorney, who agreed to sell 1/3rd share. in the suit house and received a sum of Rs.10,000 by way of earnest money vide receipt dated 27-10-1986 from Abdul Latif the husband of the respondent. Later on the said Syed Muhammad Ali Naqvi also appointed the said Syed Shaukat Ali as a special attorney who upon receipt of Rs.25,000 from the said husband of the respondent executed an agreement, dated 12-11-1988 in favour of respondent and promised that upon execution of general power of attorney by petitioners Nos.4 to 9 he shall transfer the suit property to her. However, said Syed Shaukat Ali died and the respondent had been requesting the petitioners to transfer the suit-property to her but of no avail. With these averments a decree for declaration or in the alternate for specific performance of the said agreement was sought. In their written statement the plea raised by the petitioners was that they had heard that said…
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