Pakistan Case Lawโ† Search
2010 MLD 444

MUHAMMAD YAR vs Mst. KARAM JAN and others

Citation2010 MLD 444
CourtLahore High Court
Case No.Civil Revision No, 1833 of 2005
Date2009-05-21
Judge(s)M. A. Zafar
ResultCase remanded

ORDER

' M.A. ZAFAR, J.---The brief facts giving rise to present petition are that petitioner filed a suit for specific performance of agreement of sale in respect of the property as detailed in the plaint alleging therein that an agreement to sell was executed in his favour on 3-10-1986. The learned trial Court vide judgment and decree dated 25-10-1992 decreed the same and the mutation number 347 dated 5-10-1986 regarding the exchange of disputed land was set aside and was declared as ineffective against the rights of the petitioner.

2. Being aggrieved by that judgment and decree dated 25-10-1992. Mst. Waziran Bibi etc., filed appeal before the learned District Judge and Mst. Karam Jan one of the defendants/respondent No, 1 also filed a separate appeal and both the appeals were disposed of holding that the said decrees were passed without framing necessary issues and remanded the case to decide the same on the basis of issues framed by the learned Appellate Court.

3. The learned Appellate Court while remanding the case to the learned trial Court has not taken into consideration the reasoning's given by the learned trial Court and he has not appreciated the evidence on record while reversing finding of the trial Court, it was obligatory upon him to meet the discussion/reasoning's given by the learned trial Court while taking contrary view of the matter.

Reliance is placed on "Madan Gopal's case" PLD 1969 SC 617.

4. For the forgoing reasons, the revision petition is accepted and case is remanded to the learned District Judge Pak Pattan Sharif to rehear the matter and decide both the appeals filed by Mst.

Waziran Bibi B etc., and Mst. Karam Jan and another according to the guidelines given by the Hon'ble Supreme. Court of Pakistan in Madan Gopal's case supra.

Cited by 1 case

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch