| Citation(s) |
|---|
| 2005 SLG 1198 2005 SLD 1198 2005 SCMR 726 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeals Nos.901/L to 903/L of 2000, decision dated: 25-03-2003
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
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Civil Petitions for Leave to Appeals Nos.901/L to 903/L of 2000, decision dated: 25-03-2003
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
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MUMTAZ AHMAD KHAN
VS
. GHULAM NABI and others
Law:
Section:
Specific Relief Act (I of 1877)------S. 12---Constitution of Pakistan (1973), Art.185(3)---Question of fact, determination of---Concurrent findings of fact by the Courts below---Plaintiff sought specific performance of agreement to sell the suit plot while the defendants claimed the plot to be non-transferable---Judgment and decree passed by Trial Court in favour of the plaintiff was maintained by Appellate Court as well as by High Court---Plea raised by the defendants was that the disputed plot was non-transferable and the agreement was violative of the terms and conditions of the allotment---Validity---Disputed plot was an exempted one and there was no prohibition on its transfer---Execution of the agreement had been substantiated on record through confidence inspiring evidence---Question of fact had been determined by the two Courts below which determination had been maintained by High Court by advancing cogent reasons---Defendants failed to point out any illegality or legal infirmity in the s warranting interference by Supreme Court---Leave to appeal was refused. Sh. Naveed Sharyar, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners (in C.Ps. Nos.901/L and 902/L of 2000). Ch. Ikramul Haq Nasim, Advocate-on-Record for Petitioner (in C.P. No.903/L of 2000). Nemo for Respondents. Date of hearing: 25th march, 2003. ORDER TANVIR AHMED KHAN, J.--- These petitions are directed against a consolidated judgment, dated 22-2-2000 whereby a learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dismissed the civil revisions filed by the petitioners maintaining the earlier determinations of the two Courts below i.e. the learned Civil Judge 1st Class, Rahimyar Khan and the learned District Judge, Rahimyar Khan, rendered through judgments, dated 24-4-1996 and 16-12-1998 respectively. 2. The facts briefly narrated for the disposal of these petitions are that respondent No.1 filed on 1-7-1985 a suit for specific performance of an agreement dated 25-7-1979. The petitioners Mumtaz Ahmad Khan and his wife Mst. Mumtaz Elahi also filed two suits subsequently; the former sought cancellation of the aforesaid agreement and the…
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