Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 12 & 42---Constitution of Pakistan (1973), Art.185(3)---Declaration of title---Observation of High Court under Constitutional jurisdiction---Disputed mutation was assailed by petitioners and High Court while dismissing Constitutional petition observed that suit for specific performance of agreement to sell should have been filed---High Court further observed that the transaction was sham and sale was without consideration---Contention of the petitioners was that they were ready to invoke jurisdiction of civil Court for redressal of their grievances, but the observations made by High Court in the would affect their case on merits---Petitioners wanted Supreme Court to make observation that the Court before whom matter would be placed for decision should dispose of the same independently without being influenced by the observations made by High Court---Validity---If proceedings would be instituted in pursuance of the of the High Court before the Civil Court, such observations should not affect the rnerits of the case in any manner---Petition for leave to appeal was disposed of accordingly. Shaukat Ali Mehr, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners (in all petitions). Muhammad Tahir, Special Attorney for Respondents (in all petitions). Fayyaz Baig, Settlement Clerk, Board of Revenue Office, Dera Ghazi Khan (in C.P. No.2940-L/2000). Date of hearing: 17th February, 2004. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.--- These petitions for leave to appeal have been filed against the judgment, dated 15-11-2000 of the Lahore High Court, Multan Bench, Multan, concluding paragraph whereof is reproduced hereinbelow:--- "The mutation of sale was entered on 29-5-1988 by the Patwari. On the same day, it was placed before the E.A.S.O./Collector, who deferred the attestation till verification from the Girdawar. Before the formal attestation of the mutation, general power of attorney was revoked and this fact was brought to the notice of Assistant Collector, who cancelled the mutation/withheld the attestation. Mere statements recorded by the Revenue Officer had not created any right or title in…

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