Case Details

Citation(s)
2010 SLG 2878 = 2010 SLD 2878 = 2010 MLD 299
Lahore High Court
Civil Revision No. 1690 of 2009, decided on 10th November, 2009.
Iqbal Hameed ur Rahman, J

MUHAMMAD AKRAM---Petitioner

VERSUS

NAZIRAN BIBI---Respondent.

Law:

Section:

IQBAL HAMEED UR REHMAN, J.---Through this revision, the petitioner prays that the order, dated 20-7-2009 passed by the learned Civil Judge 1st Class, Okara, and the judgment, dated 2-9-2009 passed by the learned Additional District Judge, Okara, may be set aside.   Brief facts giving rise to this civil revision are that the petitioner/plaintiff filed a suit for specific performance against the respondent/defendant regarding the property measuring one kanal, situated at Kot Sultan Dakhly Moza Barunpur, Tehsil and District Okara. Along with the suit, the petitioner also filed an application for temporary injunction. The learned Civil Judge Ist Class, Okara, dismissed the application for temporary injunction vide order, dated 20-7-2009. Against the said order, the petitioner filed an appeal and the same was also dismissed by the learned Additional District Judge, Okara, vide judgment, dated 29-2009. Being aggrieved with the said judgment, the petitioner has filed this civil revision.   It is contended by learned counsel for the petitioner that the petitioner is a bona fide purchaser of the suit-land vide agreement, dated 25-7-2008 and paid the huge amount as earnest money and only Rs.2,50,000 remains to be paid, as such, he has a good case and if the suit property is alienated to others, he will suffer irreparable loss; that the petitioner is in possession of the suit land from the date of agreement i.e. 25-7-2008 and the respondent/defendant wants to sell the same in violation of the terms and conditions of the said agreement, therefore, the respondent be restrained from alienating the suit property to any one else; that refusal of granting interim relief to the petitioner solely is based upon the private report of the Finger Print Expert submitted by the respondent and the learned trial Court should have verified the same by ordering its examination from an independent Expert/Forensic Science Laboratory and in view of the same, privately received finger prints report of the expert has no value in the eyes of law and that the impugned orders of both the Courts below are bad in law and against the facts of the case, as such, the same are liable to be set…
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