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2008 CLC 1055

MUHAMMAD KHAN vs MUHAMMAD ASLAM through Legal Heirs and 7 others

Citation2008 CLC 1055
CourtLahore High Court
Case No.Civil Revision No,1887 of 2002
Date2008-04-11
Judge(s)Hafiz Tariq Nasim
ResultPetition dismissed

ORDER

' HAFIZ TARIQ NASIM, J.--- This civil revision is filed against the judgments and decree, dated 14-6- 2001 and 6-2-2002, passed by the learned Senior Civil Judge, Khushab and the learned Additional District Judge, Khushab.

2. Brief facts of the case are that the present petitioner Muhammad Khan filed a suit for specific performance and for perpetual injunction stating that the defendants Nos.1 to 7 agreed to sell the land in question on 16-10-1992 for a consideration of Rs,15,000 and the defendant No,1 received Rs,5,000 as earnest money for himself and on behalf of defendants Nos.2 to 7. Agreeing that the remaining sale consideration of Rs,10,000 would be paid at the time of attestation of mutation or registration of sale-deed but the defendants sold out the suit-land for a consideration of Rs,21,000 in favour of defendant No,8, despite the fact that they were bound to transfer the suit-land in favour of the present petitioner. Petitioner contacted them but they refused to accede the petitioner's request. Before the learned Civil Judge the respondents Nos.1 to 7 were proceeded against ex parte. However, respondent No,8 contested the suit and out of pleadings of the parties 8 issues were framed. The evidence was recorded and after examining the evidence on record as well as the Revenue Record ihe learned Civil Judge, dismissed the petitioner's suit holding that it is evident that payment of alleged advance money was not paid to the defendants Nos.2 to 7 and there is also no proof that the defendant No,1 had at all competent to act on behalf of defendants Nos.2 to 7. Further hold that the plaintiff's witnesses are not aware of the discussion and the land subject-matter of the alleged sale agreement. This finding was confirmed by the learned Additional District Judge, holding that neither any oral agreement of sale of the property in dispute was proved nor the payment of earnest money of Rs,5,000.

3. Argument heard. Record perused.

4. The concurrent finding recorded by both the learned Courts below, if examined, in juxtaposition the evidence available on the record, I am not inclined to interfere in the impugned matter on the sole ground that under section 115 of the Civil Procedure Code the power of High Court are limited one and there is ample law laid down by the Honourable Supreme of Pakistan that if findings of Courts below are even erroneous, High Court cannot interfere in exercise of powers under section 115 of the Civil Procedure Code. Reliance in this behalf is placed on Hakim-ud-Din through L.Rs, and others v. Faiz Bakhsh and others 2007 SCM R 870 and Rashid Ahmad v. Said Ahmad 2007 SCM R 926.

Accordingly the civil revision is dismissed with no order as to costs.

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