06/02/2023
2023 Y L R 86
[Lahore]
MUHAMMAD DILSHAD and others---Petitioners
Versus
MUHAMMAD AKRAM and others---Respondents
(a) Qanun-e-Shahadat (10 of 1984)---
----Art. 113---Civil Procedure Code (V of 1908), O. I, R. 1---Specific performance of agreement to sell---Predecessor of the respondents filed suit alleging that the predecessor of petitioners/defendant purchased the suit house in auction; that no proprietary rights were granted to him by settlement department; that predecessor of respondents purchased the same house from the predecessor of petitioners through agreement to sell but he refused to execute the sale deed---Suit was concurrently decreed---Validity---Respondent/plaintiff admitted in plaint that sale deed could not be registered because proprietary rights of the suit property were not conferred by the Settlement Department---Evacuee property was owned by provincial government but the respondents had not impleaded the Settlement Department/Chief Settlement Commissioner as party in suit---Revision petition was allowed and suit of the respondents was dismissed, in circumstances.
Commissioner Multan Division, Multan and others v. Muhammad Hussain and others 2015 SCMR 58; Salehoon and others v. Sadara 1999 Civil 626; Mst. Maqbool Begum and others v. Gullan and others PLD 1982 SC 46 and Muhammad Siddique (Deceased) through L.Rs. and others v. Mst. Noor Bibi (Deceased) through L.Rs. and others 2020 SCMR 483 rel.
(b) Specific Relief Act (I of 1877)---
----Ss. 42 & 23---Absence of proprietary rights---If a person was not owner of the property and the property was owned by the state, he could not execute any sale deed until he got proprietary rights of the same and if any transaction made, same would not take effect and its operation shall remain suspended till acquisition of the said rights.
Muhammad Sadiq v. Muhammad Ramzan and 8 others 2002 SCMR 1821 rel.
(c) Civil Procedure Code (V of 1908)---
----O. I, R. 1---In the absence of necessary party, no effective decree/order could be passed.
Province of Punjab through Secretary Excise and Taxation Department, Lahore and others v. Murree Brewery Company Ltd (MBCL) and another 2021 SCMR 305 rel.
(d) Civil Procedure Code (V of 1908)---
----S. 115--- Revisional jurisdiction---Concurrent decree---Scope---High Court had jurisdiction to interfere in the perverse concurrent judgments/decrees of the lower fora.
Nazim-ud -Din and others v. Sheikh Zia-Ul-Qamar and others 2016 SCMR 24 rel.
