IFTIKHAR HUSSAIN CHAUDHRY, J. --- Application has been submitted for transfer of suit titled "Sajjad Hassan and another v. Khalil Ahmad and another" (suit for declaration) from the Court of Sayyed Akhtar Ali Shah, Civil Judge, Kehror Pacca, District Lodhran to the Court of Civil Judge, Kamalia District Toba Tek Singh where six other suits against the petitioner are sub judice.
2. Notice of the application was issued to the respondents. Learned counsel for the parties, have been heard today.
3. Learned counsel for the petitioner submitted that petitioner was a female and it was not possible for her to travel to Kehror Pacca, District Lodhran to pursue two suits filed by respondents in a Civil Court at Kehror Pacca, District Lodhran. It was submitted that Mst. Sajida Bano and others had filed six different suits for declaration against the petitioner at Kamalia District Toba Tek Singh and nature of the suits filed at Kehror Pacca, District Lodhran was same as relief claimed in all the suits related to declaration with regard to making of oral gifts and all the suits should be heard by one Court and this exercise was beneficial for both the parties. Learned counsel for the respondents opposed the prayer made by the petitioner and submitted that properties were situated in Kamalia, District Toba Tek Singh as well as in Lodhran District. Since suits filed in a Civil Court at Kehror Pacca, District Lodhran related to property situated in that Tehsil, those suits could not be transferred to Kamalia, District Toba Tek Singh. According to learned counsel witnesses of the respondents belonged to District Lodhran and it will be difficult for them to travel to Kamalia, District Toba Tek Singh to depose in favour of the respondents.
4. Respondents have already filed six suits at Kamalia, District Toba Tek Singh. They filed two suits titled "Sajjad Hussain and others v. Mst. Firdaus Bibi and others" in a Civil Court at Kehror Pacca, District Lodhran. All the suits seek issuance of declaration that gift of property made in favour of present petitioner was unlawful and was liable to be cancelled. The nature of controversy agitated in all the matters in common and it would be beneficial for both the parties if the suits are heard by one Court. In all the suits prayer has been made for cancellation of mutations sanctioned in favour of present petitioner, the Collector is a relevant party, therefore, all the suits should be heard at headquarter. Accordingly the application is allowed. Two suits titled "Sajjad Hussain and others v. Khalil Ahmad and others" (suit for declaration) withdrawn from the Court of Sayyed Akhtar Ali Shah, Civil Judge, Kehror Pacca, District.
Lodhran and are transferred to the Court of Senior Civil Judge, Toba Tek Singh likewise other suits titled "Mst. Sajida Bano and others v. Mst. Firdaus Bibi and others" (suit for declaration) are withdrawn from the Court of Mr. M. Iqbal, - Civil Judge, Kamalia, District Toba Tek Singh and are transferred to the Court of Senior Civil Judge, -Toba Tek Singh so that all the eight suits between the parties are heard by one Court on one date of hearing.