| Citation(s) |
|---|
| 2004 SLG 1176 2004 SLD 1176 2004 SCMR 1389 |
Supreme Court of Pakistan
Civil Petition No. 2106-L of 1999, decision dated: 10-07-2002.(On appeal from the judgment, dated 15-10-1999 passed by the Lahore High Court, Lahore in Civil Revision No. 144-D of 1994)
MIAN MUHAMMAD AJMAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Rana Abdul Rahim Khan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record (absent) for Petitioner. Walayat Umer Chaudhry, Advocate-on-Record for
Respondents.
Civil Petition No. 2106-L of 1999, decision dated: 10-07-2002.(On appeal from the judgment, dated 15-10-1999 passed by the Lahore High Court, Lahore in Civil Revision No. 144-D of 1994)
MIAN MUHAMMAD AJMAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Rana Abdul Rahim Khan, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record (absent) for Petitioner. Walayat Umer Chaudhry, Advocate-on-Record for
Respondents.
MUHAMMAD AMJAD KHAN-
VS
PROVINCE OF PUNJAB and others
Law:
Section:
Transfer of Property Act (IV of 1882)-----S.118---Valid agreement of exchange---Non-delivery of possession--Effect---Absence of transfer of possession would not be sufficient to invalidate transaction of exchange---No bar in law to exchange of land, if due to some reasons, delivery of possession does not take place. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks the grant of leave to appeal against judgment, dated 1-5-10-1999 passed by the Lahore High Court, Lahore in Civil Revision No. 144-D of 1994. 2. The petitioner, and the respondents Nos. 2 to 6 were owners of land in different villages. They mutually entered into an oral agreement for exchange of their lands. Mutations No. 602 (Exh.P-12) and 1343 (Exh.P.1) of exchange of land were attested by the Revenue Officers. Subsequently Mutation No.1343 sanctioned in favour of the petitioner was reviewed by the Revenue Officer on 13-1-1965, on the ground that the original allotment of the evacuee land, of which the respondents were the vendees, had been cancelled. On the same basis Mutation No.602 in favour of the respondents was also cancelled by the Revenue Officer. Both the parties resorted to protracted litigation on the Revenue side the respondents filed Writ Petition No.1417 of 1983 which was dismissed on 4-9-1983. Thereafter, the respondents instituted a civil suit for declaration that they were the owners in possession of the suit property on the basis of exchange between the parties which was reflected by Mutation No.602 (Exh,P.12). The Senior Civil Judge, Sialkot vide judgment and decree, dated 3-6-1990 decreed the suit of the respondents which was reversed by the Additional District Judge, Sialkot vide judgment and decree, dated 19-12-1993 by accepting the appeal of the petitioner. The Civil Revision No. 144-D of 1994 of the respondents was accepted by the Lahore High Court vide impugned judgment, dated 15-10-1999. Hence this petition for leave to appeal. 3. The learned counsel for the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492