JAWWAD S. KHAWAJA,J.--- The dispute in this case relates to land measuring 1 kanal, 7 marlas situated in abadi deh. Nazar Muhammad petitioner/defendant purchased this property from Maulvi Chiragh Din deceased (respondent No. 7) by means of sale-deed (Ex.D-1), dated 20.12.1987.
2. The respondents/plaintiffs filed a suit against the petitioner and respondent No. '7 seeking declaration of title to the suit land. By way of consequential relief, they also prayed for a permanent injunction and for cancellation of the sale-deed (Ex.D-1). It was their case that they were owners of the property and Maulvi Chiragh Din (respondent No. 7) had no title which he could convey to the petitioner/defendant. Both Courts below have concurrently held that the respondents/plaintiffs have failed to establish title to the land. Their suit, as a consequence, has been dismissed by concurrent decrees of the learned Trial Court dated 4.10.1992 and of the learned Appellate Court dated 5.6.1999. Since the respondents/plaintiffs have not impugned the aforesaid decrees, the same to the extent of the respondents/plaintiffs, have attained finality. The petitioner, however, is aggrieved of the finding in the appellate judgment that the sale-deed (Ex.D-1) is void. Learned counsel for the petitioner has contended that Maulvi Chiragh Din was owner in the village and was, thus, entitled to proportionate ownership in the abadi deh. The respondents/plaintiffs were not owners in the village and, therefore, could not have asserted any title to the land in .Dispute. On this basis, it has rightly been contended by learned counsel for the petitioner that the finding of the learned Appellate Court in respect of the sale- deed (Ex.D-1) is gratuitous and could not have been passed once the suit had been dismissed. In the circumstances, the finding of the learned Appellate Court holding that the sale-deed is illegal and void is not justified. This portion of the decree, which is based on the reasoning in para 8 of the appellate judgment, is set aside. As a consequence, the judgment and decree of the learned Trial Court dated 4.10.1992 stands restored.
Civil Accordingly.