NADEEM SADIQ vs DEWAN MASIH GULRAIZ S — 2022 YLR 2151 LAHORE-HIGH-COURT-LAHORE

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NADEEM SADIQ VS DEWAN MASIH GULRAIZ S.115---Concurrent findings of fact could not be disturbed when the same did not suffer from mis-reading and non-reading of evidence, howsoever erroneous, in exercise of revisional jurisdiction---Civil revision was dismissed. S.12---Suit for specific performance---Petitioner/plaintiff claiming to be a bona fide purchaser, instituted a suit for specific performance against respondents/ defendants on the basis of agreement to sell---Two of the respondents appeared before Trial Court and recorded their statements to the effect that they had no objection on decreeing the suit in favour of petitioner---Third respondent submitted his written statement while confirming the sale of suit property to second respondent from whom first respondent purchased suit property and agreed to sell the same to the petitioner---Fourth respondent filed an application under O.I, R.10, C.P.C. for impleading him as defendant , which was accepted---Fourth respondent submitted written statement and alleged that a sale deed was executed in his favour during pendency of petitioner's suit---Petitioner moved an application under O.VI, R.17, C.P.C for amendment in plaint to the effect of sale deed in favour of fourth respondent to be declared null and void---Said application was accepted by Trial Court---Trial Court dismissed suit of petitioner/plaintiff---Appeal filed by petitioner was also dismissed by Appellate Court---Held, that there was no denial to the fact that petitioner derived his alleged right from first respondent as petitioner entered into agreement to sell with him (first respondent)but petitioner could not bring on record any document showing ownership of the first respondent with regards to the suit property , thus, when a person had no title with regards to the suit property, how could he entered into an agreement or transfer such property---When the position was as such, in presence of registered sale deed and mutation in favour of fourth respondent , the status of petitioner was nothing but an alien to the suit property ---No evidence with regards to alleged fraud in respect of execution of registered sale deed had been brought on record by petitioner/ plaintiff--- Civil revision was dismissed.

NADEEM SADIQ vs DEWAN MASIH GULRAIZ S — 2022 YLR 2151 LAHORE-HIGH-COURT-LAHORE

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