AHMAD WAQAS vs ISHTIAQ ALI S — 2022 PLD 313 LAHORE-HIGH-COURT-LAHORE

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AHMAD WAQAS VS ISHTIAQ ALI S. 53a---Constitution of Pakistan, arts. 5 & 24---Civil Procedure Code (V of 1908), S. 144---Penal Code (XLV of 1860), S. 441---Respondent's suit for recovery of possession and mesne profit was concurrently decreed---Said suit was preceded by dismissal of appellant's suit for specific performance by High Court in appellate jurisdiction---appellant contended that they were in possession of the suit property since long on the basis of agreement to sell; that suit of the respondents was hit by the principle of acquiescence; that their appeal with regard to the suit property was pending before the Supreme Court; and that possession of the appellants over the suit property was protected on the basis of equitable doctrine of part performance---Validity---agreement to sell on the basis of which appellants sought transfer of title over the suit property was not accepted by High Court being invalid and accordingly their suit (for specific performance) was dismissed---Since the said disputed agreement itself remained legally unproved, therefore, appellants were not entitled to claim the benefit under the same document and no protection as envisaged by S.53a of Transfer of Property act, 1882, could be extended to their possession---If there was no sale, then S.53a of Transfer of Property act, 1882, would not be helpful---Causing annoyance by retaining possession over a property owned by others without any lawful excuse would amount to committing a continuous offence---appellants had no authority or claim to retain possession of property merely on the ground that they had filed an appeal before the Supreme Court wherein no injunctive order had been passed in their favour---Section 144 of Civil Procedure Code, 1908 was the complete answer to the submission/apprehension as to 'irreparable loss' in delivering possession of suit property---Obedience to the Constitution and law is the inviolable obligation of every citizen---appeal was accordingly dismissed.

AHMAD WAQAS vs ISHTIAQ ALI S — 2022 PLD 313 LAHORE-HIGH-COURT-LAHORE

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