1. ' This order would dispose of Criminal Revision filed by Allah Ditta, against the order of learned Additional Sessions Judge, Lyallpur, dated 29-9-1975, whereby the appeal filed by Allah Ditta, against the order of learned Magistrate dated 30-5-1975, was dismissed.
2. 2 A case under sections 379, 411, P. P. C. Was registered at Police Station, Jaranwala, on the statement of Ch, Abdur. Razzaq, Advocate. It was with regard to the theft of his Bus No. LR 8890, Model 1967. Challan was submitted against Allah Ditta petitioner and his co-accused Umar Hayat.
3. Both the accused were acquitted as according to the learned Magistrate, the prosecution failed to establish the guilt of the accused. The order of superdari of Bus was vacated. Allah Ditta filed an appeal under section 520, Cr. P. C., which was dismissed vide impugned judgment.
3. It was contended by the learned counsel for the petitioner that the petitioner was entitled to the custody of the Bus as he had purchased it from Ch. Muhammad Abdur Razzaq on hire purchase agreement and had also paid an amount of Rs. 13,000. Ch. Muhammad Abdur Razzaq was shown to be the owner of the disputed Bus in the Registration Book. The route permit was also in his name.
4. During the course of cross-examination, Ch. Muhammad Abdur Razzaq had admitted that an agreement deed had been executed about the sale of the disputed Bus, but according to him, it was cancelled as no amount had been paid. He denied the defence suggestion that he had been paid Rs. 13,000. It is yet to be established by the; petitioner that he was the owner of the disputed Bus and entitled to its, possession. It was rightly observed by the learned Additional Sessions Judge; that it was an agreement of sale and by this agreement, the Bus did not stand transferred in the name of the petitioner. I do not find any in the impugned judgment, The petitioner, if so advised, can move the Court and establish his title. With this observation, the revision petition is dismissed.