| Citation(s) |
|---|
| 2016 SLG 2934 2016 SLD 2934 2016 YLR 2428 |
Lahore High Court
Civil Revision No. 872 of 2015, decided on 18th May, 2016.
MUHAMMAD IQBAL, JUSTICE
Mian Tariq Hussain for Petitioner. Ms. Asma Hamid, Additional Advocate-General for
Respondents.
Civil Revision No. 872 of 2015, decided on 18th May, 2016.
MUHAMMAD IQBAL, JUSTICE
Mian Tariq Hussain for Petitioner. Ms. Asma Hamid, Additional Advocate-General for
Respondents.
SARDAR ALI
VS
PROVINCE OF PUNJAB through District Collector District Toba Tek Singh and 9 others
Law:
Section:
(a) Specific Relief Act (I of 1877)---.--- ---.---S. 12---.---Suit for specific performance---.---Oral agreement to sell---.---Requirements---.---Evidence beyond pleadings---.---Effect---.---Plaintiff had not mentioned the exact date of execution of oral agreement to sell in the plaint---.---Names of witnesses in whose presence agreement was executed and consideration was paid had not been mentioned---.---Plaintiff had failed to lay down the foundation of his case in the plaint and he was not authorized to produce any evidence which was not mentioned in the plaint---.---Evidence produced by the plaintiff was out of pleadings and same could not be considered or discussed while deciding the lis---.---Proprietary rights had not been given to the defendants till today and Provincial Government was owner of suit property---.---Plaintiff had failed to prove his case through cogent evidence---.---Both the courts below had rightly passed the s and decrees and dismissed the suit of plaintiff---.---No illegality or irregularity had been pointed in the impugned s and decrees passed by the courts below---.---Revision was dismissed in circumstances. Muhammad Nawaz v. Haji Muhammad Baran Khan and others 2013 SCMR 1300; Muhammad Nawaz alias Nawaza and others v. Member Judicial Board of Revenue and others 2014 SCMR 914; Messrs Essa Engineering Company (Pvt.) Ltd. and another v. Pakistan Telecommunication Company Limited and another 2014 SCMR 922; Zulfiqar and others v. Shahdat Khan PLD 2007 SC 582 and Commissioner Multan Division, Multan and others v. Muhammad Hussain and others 2015 SCMR 58 rel. (b) Civil Procedure Code (V of 1908)---.--- ---.---S. 115---.---Revisional jurisdiction of High Court---.---Scope---.---Concurrent findings of facts could not be interfered with by the High Court in its revisional jurisdiction in absence of any illegality or any other error of jurisdiction. Malik Muhammad Hussain v. District Returning Officer and others 2008 SCMR 488 and Zulfiqar Ali v. Judge, Family Court and 7 others 2007 MLD 1710 rel. (c) Pleadings---.--- ---.---Evidence beyond pleadings could not be considered or discussed and same should be ignored while deciding the lis. THIS…
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