Mian IMRAN SAEED vs Mst — 2022 CLC 349 LAHORE-HIGH-COURT-LAHORE

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Mian IMRAN SAEED VS Mst. SALIMA BIBI S.12(2)---Transfer of Property Act (IV of 1882), S.52---Suit for specific performance of agreement to sell--- Transfer of property during pendency of suit---Suit property was decreed by Trial Court in favour of the person from whom applicants purchased the property---Subsequently High Court in exercise of revisional jurisdiction reversed the findings and suit filed by respondent was decreed in his favour---Plea raised by applicants was that judgment in favour of respondent was result of fraud and misrepresentation---Validity---Applicants could not seek perfection of alleged right through attacking decree on the basis of executory or inchoate document, when sale deed was not executed by respondent---As long as agreement to sell was not cancelled upon judicial determination by way of decree of Court, alleged sale deed and agreement could extend no legal right to applicants against respondent or his legal heirs---Applicants were hit by provisions of S.52 of Transfer of Property Act, 1882, to the extent of alleged sale deed and agreement in their favour---No enforceable right in property was available against respondent, as applicants failed to seek enforcement of alleged representation against respondent or cancellation of agreement---High Court declined to determine legitimacy and effect of agreement while determining validity of decree in terms of S.12(2) C.P.C.--- Agreement in question could not be construed as surrender document, regarding rights of respondent--- Applicants lacked eligibility to challenge decree in terms of S.12(2), C.P.C., as no fraud, misrepresentation of jurisdictional defect was found to upset decree in question---Application was dismissed, in circumstances.

Mian IMRAN SAEED vs Mst — 2022 CLC 349 LAHORE-HIGH-COURT-LAHORE

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