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2000 SCMR 1102

REHMAT JEHAN BEGUM and 9 others vs ABDUR RASHID and 2 others

Citation2000 SCMR 1102
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos.1918-L and 1919-L of 1999 Civil Revisions Nos,862 and 863
Judge(s)Muhammad Arif, Sh. Riaz Ahmad
ResultLeave granted

' CH. MUHAMMAD ARIF, J.---We intend to dispose of the above petitions filed by the present petitioners against a common judgment dated 20-10-1999 passed by a learned Judge in Chambers of the Lahore High Court, Lahore whereby the Civil Revision Petitions bearing Nos. 862 and 863 of 1995 were allowed and the revision petitions permitted to deposit the balance sale consideration (1) of Rs,5,00,000 in relation to agreement of sale dated 21-4-1988 and (2) of Rs,4,00,000 in relation to another agreement of sale dated 21-4-1988 in terms of both the decrees dated 6-11-1993 within one month of the impugned judgment dated 20-10-1999, by reversing the orders of the trial Court dated 20-4-1995.

2. Mr. Khalil Ahmad Ansari, learned Advocate Supreme Court appearing in support of these petitions, has referred to leave granting orders in Muhammad Yousaf v. Naseer Ahmed (1996 SCMR 1406) and Muhammad Nawaz and others v. Muhammad Sadiq and another (1995 SCMR 105) for the proposition that the attending circumstances of these cases are akin to those of the cases in which leave has been granted by this Court. He has also referred to Muhammad Ismail v.

Muhammad Akbar Bhatti and 5 others (PLD 1997 Lahore 177) in support of his client's case that the other side should not have been allowed to deposit the balance of sale consideration of (1)

Rs,5,00,000 and (2) Rs,4,00,000, as done in the impugned judgment.

3. After hearing the learned counsel, we are inclined to grant leave in these cases as well as, to consider the above question.

4. Meantime, the possession of the petitioners over the suit lands shall not be disturbed.

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