| Citation(s) |
|---|
| 2005 SLG 1244 2005 SLD 1244 2005 SCMR 936 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 690/L of 2000, decision dated: 26-02-2003
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
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Civil Petition for Leave to Appeal No. 690/L of 2000, decision dated: 26-02-2003
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
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ABDUS SAMAD and others
VS
. SAWA and others
Law:
Section:
Specific Relief Act (I of 1877)-------S. 54---Constitution of Pakistan (1973), Art. 185(3)---Permanent injunction, grant of---Factual controversy---Concurrent findings of fact by the Courts below---Suit land was allotted to defendants under Abad Kari Scheme who executed agreement to transfer the land in favour of the plaintiff after acquisition of proprietary rights---Consideration amount was received by the defendants, general power of attorney was executed in favour of the plaintiff and the possession was also delivered---Suit was concurrently decreed by all the three Courts in favour of the plaintiff---Validity---Agreement entered into between the parties was a registered document---Plaintiff, in order to substantiate his claim also produced a marginal witness who supported the same in the letter and spirit---Payment of consideration had also been proved through confidence inspiring evidence---Two Courts below after scanning the entire evidence had determined question of fact which had been maintained by High Court---Defendants failed to point out any illegality or legal infirmity in the s warranting interference by Supreme Court---Leave to appeal was refused. Malik Abdus Sattar Chughtai, Advocate Supreme Court for Petitioners. Nemo for Respondents. Date of hearing: 26th February, 2003. JUDGMENT TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment dated 21-1-2000 whereby a learned Single Judge of the Lahore High Court, Multan Bench, Multan, dismissed the civil revision filed by the petitioners by maintaining the earlier determination of the two Courts below i.e. the learned Civil Judge and the learned First Appellate Court. The facts briefly narrated for the disposal of this petition are that the predecessor-in-interest of the petitioners, being an allottee under the Abad Kari Scheme, entered into an agreement with the respondents to transfer the disputed land after acquisition of proprietary rights for a consideration of Rs.35,000. Said agreement was executed on 15-1-1980. Along with the same, the predecessor-in-interest also executed a General Power of Attorney in favour of respondent No.1. The respondents, as reflected from theβ¦
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