'KARAMAT NAZIR BHANDARI, J. --- The petitioners, defendants in the suit seeks leave to appeal from the judgment of Lahore High Court, Lahore dated 7-10-1999, passed in Civil Revision No,1736 of 1996.
By the impugned judgment the High Court has accepted the civil revision and after setting aside the appellate judgment dated 26-3-1991, has restored the decree of the trial Court dated 22-11- 1989.
2. The suit was brought by respondents herein for possession of the suit-land and in this regard the respondents further sought a declaration of invalidity of Mutation No,148, dated 25-1-1996, mutating the land in favor of the petitioners. The suit was contested, tried and decreed on 22-10- 1989 by the Civil Judge, Shakargarh. On appeal the decree was set aside by the Additional District Judge, Shakargarh vide judgment, dated 20-3-1996. As noted the High Court has decreed the suit after setting aside the appellate judgment.
3. In support of the petition, it is submitted by learned counsel that the petitioners have been able to prove the existence of an agreement whereby the parties had agreed to share the suit-land and Mutation No, 148 is in accord with the agreement. He has submitted that although the original agreement was lost during the War with India of 1971 but the petitioners produced register of petition-writer, copy of the relevant page of register was admitted in evidence as (Exh.D.1).
According to him, statement of the petition-writer and Exh.D.1 lead to the inference that parties had agreed to share the suit-land and Mutation No,148 passed on the said agreement could not have been set aside. The High Court has rejected this argument and rightly so. Exh.D.1 only shows that there was A some agreement drafted by the petition-writer. However, the copy of the agreement was never brought on record. In any case it is well-settled position, which has not been contested by learned counsel, that agreement itself does not create any right or interest in property. It only confers a right of enforcement of the promise. In our considered judgment, therefore, the High Court as correctly decreed the suit.
4. We hold that this petition is without merit and is hereby dismissed. Leave is declined.