ISMAIL vs Syed ZULFIQAR HUSSAIN SHAH S — 2021 PLD 98 PESHAWAR-HIGH-COURT

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ISMAIL VS Syed ZULFIQAR HUSSAIN SHAH S. 12---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for specific performance of agreement to sell---Rejection of plaint---Scope---Petitioner assailed concurrent rejection of his plaint in a suit for specific performance of agreement to sell and partition---Respondent in the earlier round of litigation had sought ejectment of petitioner from the suit property and had obtained a decree in his favour---Petitioner's claim was that the respondent's brother had sold his share in the suit property to him---Trial Court had to determine as to whether the respondent was sole owner on the basis of tamleek nama or whether the respondent's brother had got any right in the shop, if so, whether he had transferred the same to the petitioner---If it was proved through evidence that both petitioner and respondent's brother with their collusion had tried to deprive the respondent from the fruit of decree, then provisions of Ss. 35 & 35-A, C.P.C. would be applied against them and for the frivolous litigation respondent would be compensated, but in no case, while considering the plea of respondent that petitioner had got no cause of action, his suit could be dismissed---Fate of both the deeds i.e. tamleek nama and iqrar nama would be decided after complete inquiry---High Court observed that the petitioner would surrender possession to the respondent either himself or through execution pending against him by order of the court--- Petitioner was under obligation to hand over the vacant possession of the suit property (decreed property in rent petition)---Mere institution of suit was not sufficient to withhold the execution proceedings---Revision petition was allowed, in circumstances.

ISMAIL vs Syed ZULFIQAR HUSSAIN SHAH S — 2021 PLD 98 PESHAWAR-HIGH-COURT

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