Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Civil Procedure Code (V of 1908)

Section: O.VII,r.11

Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and permanent injunction---Competency---Rejection of plaint---`Agreement of sale' and `sale-deed'---Distinction---Plaintiffs had claimed that they were owners of suit land on the basis of compromise deed executed between their father and defendant---Application filed by one of the defendants under O.VII, R.11, C.P.C. for dismissal of suit, having been rejected by the Trial Court---Validity---Every person having legal character or any right to any property, could institute a suit against a person who was denying his right about his title---In the present case plaintiffs were seeking declaration that they were owners of the property in dispute due to Jirga which was convened between their father and defendant, and father of the plaintiff was claiming ownership through mortgage-deed which was not accepted by the Supreme Court---Plaintiff; in the third round of litigation were claiming ownership through Jirga, but Jirga could not create any title in their favour---Jirga or Punchayat, even if it was an agreement to sell, same would create no title or interest about suit land in favour of the plaintiff---Possession of plaintiff as tenant under law could not be converted into possession as vendees under agreement to sell---Much difference existed between agreement of sale and sale-deed---Agreement to sell property would require a promise to do something for compliance of certain acts in future and further steps should be taken, whereas in the case of sale-deed entire transaction had to be completed---Suit for declaration, in the present case was incompetent and under provisions of O.VII, R.11, C.P.C. same, was barred---Court should, in such a case, reject the plaint under clause (d) of O.VII, R.11, C.P.C.---Impugned of the Trial Court was set aside, in circumstances. PLD 1967 Dacca 190 ref. Sardar Pervaiz Akhtar for Petitioners. Kh. Muhammad Naseem for non-Petitioner. ORDER RAFIULLAH SULTANI, J.--- This revision petition is directed against the order of Senior Civil Judge, Muzaffarabad, dated 19-2-2007, whereby the application of the petitioner…

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