| Citation(s) |
|---|
| 2000 SLG 1846 2000 SLD 1846 2000 CLC 579 |
Lahore High Court
Civil Revision No.2867 of 1994, decision dated: 15-07-1999
RAJA MUHAMMAD KHURSHID, J
Arshad Mahmood for Petitioner. Muhammad Rashid Awan Malik for
Respondents
Civil Revision No.2867 of 1994, decision dated: 15-07-1999
RAJA MUHAMMAD KHURSHID, J
Arshad Mahmood for Petitioner. Muhammad Rashid Awan Malik for
Respondents
IRSHAD HUSSAIN BOKHARI
VS
Mst. ATHAR BIBI and others
Law:
Section:
Specific Relief Act (I of 1877)-------S. 12---Suit four specific performance of agreement of sale--Plaintiff/petitioner filed suit for possession through specific performance of agreement of sale on the ground that original owner of land in dispute who was predecessor-in-interest of defendants/respondents, had entered into an agreement of sale of land with plaintiff through his attorney and that vendor had received earnest money--Suit was decreed by Trial Court holding that original owner of the land had validly entered into agreement of sale with plaintiff through his attorney and that vendor had received amount of consideration---Appellate Court below set aside and decree of Trial Court holding that predecessor-in-interest of respondent who sold land through his attorney was not owner of land in dispute and that he had never executed any power of attorney in favour of attorney through whom he had allegedly sold land---Evidence on record had fully proved that predecessor in-interest of respondents was owner of land in dispute and that he had entered into valid agreement of sale with plaintiff/petitioner through his attorney who was duly and validly appointed through registered general power of attorney which was not denied by witnesses of respondents also--Judgment of Appellate Court below bared on misreading and misconstruction of oral and documentary evidence on record, was not sustainable in the eyes of law---High Court set aside and decree passed by Appellate Court below and upheld and decree of Trial Court. JUDGMENT This is a revision petition against the judgment and decree, dated 4-7-1994 passed by Ch. Karamat Ali, the then learned Additional District Judge, Lahore, whereby, he accepted the appeal of the present respondent/defendants against the petitioner/plaintiff and dismissed the suit of the petitioner/plaintiff which was decreed by Ch. Muhammad Din Basra, the then learned Civil Judge lst Class, Lahore vide his judgment and decree, dated 20-7-1991. 2. It is contended by the learned counsel for the petitioner that the petitioner/plaintiff instituted a suit for possession through specific performance of agreement of sale, dated 12-2-1974…
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