Case Details

Citation(s)
1999 SLG 907 1999 SLD 907 1999 CLC 967
Lahore High Court
Civil Revisions Nos.609-D of 1989/BWP and 434-D of 1994/BWP, decision dated: 8-12-1998
FAQIR MUHAMMAD KHOKHAR, J
S.M. Hussain Khan for Petitioner. Sh. Hakim Ali and Syed Muhammad Ali Gillani for
Respondents

KARIM BAKHSH and 2 others

VS

QADRAT ALI and 20 others

Law:

Section:

Transfer of Property Act (IV of 1882)--------S. 53-A---Civil Procedure Code (V of 1908), 5.115---Revision---Suit for declaration to be owners of the land in dispute against "Pardahnashin" and illiterate lady on the basis of agreement to sell---Duty of Court---Plaintiffs were tenants on the suit land---Trial Court as well as the lower Appellate Court had dismissed the suit filed by plaintiffs---Revision against concurrent findings of fact by two Court below---Validity---Held, much care and caution had 'to be taken by the Courts in the matter of agreements or transactions of sale with illiterate "Pardahnashin" ladies, as they deserved special protection---Where the plaintiffs were already tenants over the disputed land, they could not claim any protection of S.53-A of Transfer of Property Act, 1882, particularly when they had failed to prove the possession of the land pursuant to the agreement to sell--­No illegality or material irregularity was committed by the Courts below in the exercise of their jurisdiction---Judgments and. decrees did not result in any miscarriage of justice and were not called for any interference---Revisions were dismissed in circumstances. Maharaja of Faridkot State v. Anant Ram and others AIR 1929 Lah.1; Sardar Bakhsh v. Mst. Maqsood Bibi PLD 1994 Lah. 452; Abdul Ghani Khan v. Dino Bandhu Adhikari and another PLD 1963 Dacca 777; Mst. Ghulam Sakina v. Umar Bakhsh and another PLD 1964 SC 456; Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Mst. Fazal Jan v. Roshan Din and 2 others PLD 1990 SC 661; Mst. Nasreen v. Fayyaz Khan and another PLD 1991 SC 412; Muhammad Hashim and others v. Arshad Javed (Irshad Javaid) and another 1991 MLD 986; Ahmad Hussain Shah v. Mst. Taj Bibi and another 1993 CLC 2152; Mst. Siddiqan and another v. Muhammad Ibrahim and another 1993 MLD 1979; Mst. Farid-un-Nisa v. Munshi Mukhtar Ahmad and another AIR 1925 PC 205; Muhammad Idrees v. Additional .District Judge, Lahore and others 1986 SCMR 981; Ch. Nasrullah Khan v. Muhammad Ramzan and others 1991 CLC 104 and Abdul Hamid v. Suhrab through Legal Heirs PLD 1997 Kar. 589 ref. JUDGMENT This judgment shall dispose of Civil Revision No.609/D of…
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