| Citation(s) |
|---|
| 2013 SLG 2178 2013 SLD 2178 2013 YLR 332 |
Peshawar High Court
Writ Petition No. 82 of 2008, decided on 10th October, 2012. DATE of hearing: 9th October, 2012
KHALID MAHMOOD, J
Haji Ghulam Basit for Petitioners. Abdul Lateef Khan assisted by M. Waqas Khan for
Respondents
Writ Petition No. 82 of 2008, decided on 10th October, 2012. DATE of hearing: 9th October, 2012
KHALID MAHMOOD, J
Haji Ghulam Basit for Petitioners. Abdul Lateef Khan assisted by M. Waqas Khan for
Respondents
ABDUL RASHEED and anothers
VS
ISMAIL and others
Law:
Section:
Transfer of Property Act (IV of 1882)--- ----S. 52---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan, Art.199---Constitutional petition---Lis pendens, principle of---Applicability---Fraud and misrepresentation---Proof---Petitioners purchased suit property during pendency of litigation in which vendors were party---After the matter was finally compromised before Supreme Court, petitioners assailed compromise decree on the plea of fraud and misrepresentation under S. 12(2) C.P.C.---Trial Court dismissed application filed by petitioners and the order was maintained by lower Appellate Court in exercise of revisional jurisdiction--- Validity--- Petitioners had purchased and exchanged suit property during pendency of suit / previous litigation wherein the vendors were party, hence principle of estoppel and lis pendens was applicable---Petitioners failed to make out a case of fraud and misrepresenta-tion---Petitioners could file suit against vendors out of their entitlement of share of entire legacy of deceased owner on the principle of priority of sale and in alternate recovery of sale consideration paid to them---Petition was disposed of accordingly. Mukhtar Baig and others v. Sardar Baig and others PLD 1971 SC 791; Talib Hussain and others v. Member Board of Revenue and others 2003 SCMR 549; Mst. Iqbal Begum v. Assistant Commissioner and others PLD 1985 Lah. 345; Allah Bakhsh and others v. Mst. Irshad Begum and others 1986 SCMR 1362; Wazir Ali v. Allah Ditta and 6 others 1994 CLC 1135; Nazir Ahmed v. Muhammad Salim 2002 YLR 1531; Rashid Ahmad v. Mst. Jiwan and 5 others 1997 SCMR 171 and Mst. Bibi Sahiba and 9 others v. Mushtaq Shah and others 2002 SCMR 1838 ref. Mukhtar Baig and others v. Sardar Baig and others 2000 SCMR 45 rel. JUDGMENT KHALID MAHMOOD, J.---Abdul Rashid and another petitioners have filed this petition praying for:-- "that on acceptance of this petition, the impugned judgments/ orders may please be declared illegal, void, against fact, principle of natural justice, unlawful and ineffective upon the rights of the petitioners". 2. As per contents of petition, peti-tioners filed application under section 12(2), C.P.C. and…
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