JUDGMENT GHULAM MAHMOOD QURESHI, J, - This single judgment /! Disposed of Civil Revision No. 1766/2000 and Civil Revision No. 535/2001 as the both have been directed against the sarrv3 impugned judgment/decree.
Civil Revision No. 1766/2000
2. Rab Nawaz filed a suit for declaration to the effect that Notice No. 205, dated 8.1.1998 for the recovery of Rs. 98,500.00 was against law, facts terms and condition of the agreement and the same was not binding on the petitioner. The petitioner also claimed a decree for recovery of Rs.
1,08,500.00. It was also asserted in the plaint that respondent No. 1 invited bids whereby the petitioner was declared successful bidder of lease for the year 1995-96 for the sale of judicial forms in the Court premises in consideration of Rs. 1,96,500.00. The petitioner deposited Rs. 10,000/- in advance and he was required to deposit the balance amount in four equal instalments as per condition of the auction. After obtaining the above-said lease, the petitioner started his business but some other people without any lawful authority also started to sell judicial forms alongwith stamp- papers,. Court-fee tickets, etc. During the lease period of the petitioner, therefore, he moved an application to the respondents that because of sale of forms by other persons he was going under loss. On his application an inquiry was held and allegation of the petitioner was found correct. For the loss suffered by the petitioner due to sale of the forms by other unauthorized persons, he claimed an amount of Rs. 1,08,500.00 fr6m the respondents as compensation. He also challenged the demand notice for deposit of Rs. 98,500/-.
3. The suit was contested by the respondents and the learned Trial Court after framing issues and recording evidence of the parties decreed the suit of the petitioner ot the extent of demand notice issued by the respondents but dismissed the suit to the extent of recovery of Rs. 1,08,500/- vide judgment/decree dated 22.9.1999. Feeling aggrieved by the above-said judgment/decree, the respondents District Judge, Khushab with a modification that he was held responsible for payment of 3rd instalment amounting to Rs. 48,500/-. It was further held that the Petitioner/plaintiff was entitled for adjustment of the earnest amount of Rs. 10,000/-. Feeling aggrieved by the above-said judgment/decree, the present revision has been filed.
Civil Revision No. 535/2000 4.The Civil Revision has been directed against the impugned judgment/decree dated 22.9.1999.
And 13.5.2000 passed by the learned Civil Judge and learned Addl. District Judge, Khushab respectively. The petitioners in this Civil Revision have mainly challenged the modification made by the learned Addl. District Judge in the judgment/decree of the learned Trial Court to the extent that they should only recover amount to the extent of Rs. 48,500/- instead of Rs. 98,500/-.
5. I have heard learned counsel for the parties and have also perused the record. The admitted petition on record is that the petitioner obtained lease for the sale of judicial forms in the Court premises in consideration of Rs. 1,98,500/-. He deposited Rs. 10,000/- as earnest money and the remaining amount was required to be deposited in four equal instalments. The petitioner paid only two instalments. The second instalment was deposited on 17.3.1996 which is sufficient to prove that till then the petitioner was selling the judicial forms as per contract. The complaint filed by him again was initiated against the persons found responsible in this regard. The plaint of the petitioner is completely silent on the point that as to when the plaintiff abandoned the contract and stopped selling of judicial forms. Even today the petitioner has frankly admitted that he is still selling judicial forms in the Court premises. There is also no evidence on the record to substantiate the allegation of the petitioner about the loss actually suffered by him. Learned Appellate Court has externalised leniency in favour of the petitioner observing that he is entitled for adjustment of the earnest amount of Rs.10,000/- end the modification made by the Court while deciding issue No. 6 whereby the notice dated 8.1.1998 was partly set aside to the extent of partial demand of last quarter amounting to Rs. 48,500/- . Therefore, the finding recorded by the learned lower Appellate Court suffers from no illegality or infirmity. Both the Civil Revisions have no merits and the same are dismissed.