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1998 SCMR 592

MUHAMMAD SARWAR vs ZULFIQAR and others

Citation1998 SCMR 592
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1029/L of 1996 Civil Revision No,2274 of 1995 C.P. No,1368/L of
Date1996-05-20
Judge(s)Abdul Hafeez Memon, Muhammad Ilyas
ResultLeave granted

ORDER

' ABDUL HAFEEZ MEMON, J.---Through this petition the petitioner seeks leave to appeal against the order dated 14-11-1995 passed by the learned Lahore High Court, dismissing the Civil Revision No,2274 of 1995 filed by the petitioner against the judgments of the learned Additional District Judge, Okara, dated 18-9-1995, and the learned Civil Judge, Depalpur, dated 16-10-1994.

2. The petitioner's suit for specific performance filed against the respondents was dismissed by the trial Court inter alia on the ground that one of the attesting witnesses of the agreement to sale was not .Examined by the plaintiff. The appeal filed by the petitioner was dismissed and the Civil Revision filed by him was also met the same fate. Hence this petition.

3. It is contended by the learned counsel for the petitioner that the suit filed by him was dismissed substantially on the ground that he had failed to examine one of the attesting witnesses; that this Court in Civil Petition No,1368/L of 1993 had granted leave on this identical point whether it was incumbent on the plaintiff to examine the witnesses attesting the agreement to sale for the reason that the agreement to sale is not a perfect contract of sale, and as such, did not require registration under section 54 of the Transfer of Property, Act.

4. Since on the same point leave has been already granted in Civil Petition No,1368/L of 1993, we grant leave in this petition also.

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