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AFZAL AHMAD BUTTAR vs MUHAMMAD YOUSAF S — 2022 YLR 2293 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 2293 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
AFZAL AHMAD BUTTAR vs MUHAMMAD YOUSAF S
Subject matter
Civil
Provisions referred to
S. 29---S; S. 12---S; S. 115

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AFZAL AHMAD BUTTAR VS MUHAMMAD YOUSAF S.29---Specific Relief act (I of 1877), S.12---Suit for specific performance of agreement to sell---Property of minor---Guardian Court, permission non-seeking of---Concurrent findings of two Courts below---Petitioners/vendees entered into agreement executed on behalf of respondent/minor through his mother regarding property owned by him---Trial Court and Lower appellate Court dismissed suit and appeal filed by petitioners/vendees---Validity---agreement to sell was entered into by mother of minor without seeking prior permission of Guardian Court---Such agreement was void ab initio and did not create any legal rights or liabilities in favour of petitioners/vendees and could not be enforced against respondent/minor---agreement to sell executed by mother of respondent/minor in favour of petitioners/ vendees was void and its performance could not be sought with the aid of Court by filing civil suit---Concurrent findings of facts recorded by two Courts below did not suffer from any misreading and non-reading of evidence---High Court in exercise of revisional jurisdiction under S.115, C.P.C. could not interfere in such findings howsoever erroneous those might be---High Court declined to interfere in judgments and decrees passed by two Courts below who had rightly exercised vested jurisdiction and did not commit any illegality and irregularity while passing the same---Revision was dismissed, in circumstances.

Other judgments reported in 2022 YLR

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