Law:

Section:

Being dissatisfied from the judgment and decree dated 5-12-1996 passed by the Additional District Judge, Rawalpindi, the petitioners filed the present revision petition.   The appellate Court vide its impugned judgment and decree dismissed the appeal of the petitioners and upheld the judgment and decree dated 10-7-1996 awarded by the trial Court.   The petitioners filed a suit for declaration to the effect that sale-deed dated 5-9-1973 executed by one Muhammad Akbar in respect of Shop No.T.114 Kasera Bazar Rawalpindi was illegal, void, inoperative and ineffective qua the rights of the plaintiffs. As consequential relief the plaintiffs also sought a decree for permanent injunction.   The plaintiff/petitioners are daughters and -son of late Malik Muhammad Akbar who was the owner of Shop No. T-114 situated in Kasera Bazar Rawalpindi. Their father executed a sale-deed on 5-9-1973 whereby the shop in question was sold in favour of Fazal Muhammad the predecessor-  in-interest of the present respondents.   The case set up by the plaintiff was that vide document dated 15-6-1970, which is described an undertaking, of late father of the plaintiff transferred the suit property in favour of Mst. Ashraf Jan, his wife and the mother of the present plaintiff. Therefore, late Muhammad Akbar was divested of title and ownership in relation to the shop and he could not alienate through sale in favour of Fazal Muhammad on 5-9-1973.   The undertaking was produced by the plaintiff as Exh.P.1. The only question convassed and urged by the petitioners relate to the interpretation of this document.   Both the Courts below held that the undertaking relied by the plaintiffs did not convey any right or title in favour of their mother Mst. Ashraf Jan. The petitioners were aggrieved of the treatment meted out to them by the two Courts below in interpreting the document. Therefore, the only question raised in the present revision petition relate to the interpretation and construction of Exh.P.1. The contents of the document Exh.P.1 are reproduced hereunder for ready reference.   Undertakin g   This indenture of Undertaking entered into and executed…