1. ' The applicant is a builder and the respondent booked a flat in a project of the applicant and paid Rs.34,800 as part payment towards the cost. The booking of the flat was, however, cancelled by the applicant and the respondent demanded refund of this amount, which was refused. The respondent, therefore, filed Suit No.146 of 1999 in the Small Causes Court, Karachi. The suit was decreed by the Small Causes Court on 30-11-2001. Through the present Revision Application, this judgment and decree of the Small Causes Court has been called in question.
2. ' Miss Mehr-un-Nisa, learned counsel for the applicant, submitted that according to clause 8 of the agreement between the parties, 10% of the total cost of the apartment is to be deducted from the amount paid by the allottee, and this amount, in this case, would be more than the claim of the present respondent in the suit. She submitted that in view of this condition in the agreement, the applicant is not liable to pay any amount to the respondent.
3. ' Mr. M.Z. Khan, learned counsel for the respondent, submitted that the applicants themselves made a statement before Income-Tax Authorities whereby they showed a refund of Rs.34,800 to the present respondent. He has produced certified copies of letters from Assistant Commissioner Income-Tax seeking verification of this fact from the present respondent.
4. ' It has come on record that the applicant, after cancelling the allotment of the present respondent, have sold the apartment to some other person. According to clause 8, in case of cancellation 10% of the total cost of the apartment may be deducted as service charges, In view of the fact that after cancellation of the allotment of the respondent, the applicant have sold the apartment to some other person for gain, there is nothing to infer that any service has been provided to the respondent by the applicant, for which such charges could be deducted. In view of this position, coupled with the fact that the applicants themselves have made a statement before the Income- Tax Authorities about refund of this amount to the respondent, the applicant cannot deny this liability.
5. This is not an appeal and the basic difference between an appeal and a revision is that appeal is a right of the party, but a revision is a power of the Court and not a right of the party. In the present case the claim of the respondent is apparently proved and there is nothing in the matter calling interference with the judgment passed by the Small Causes Court. Revision, being without any substance, is dismissed with costs.