Malik MUHAMMAD AMEEN vs Mst — 2022 YLR 742 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 YLR 742 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: YLR
Parties: Malik MUHAMMAD AMEEN vs Mst
Subject matter: Criminal
Provisions referred to: S. 42---L

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

Malik MUHAMMAD AMEEN VS Mst. SAEEDA MAQBOOL arts. 79 & 115---Specific Relief act (I of 1877), S. 42---Landlord---Title of landlord challenged--- Relationship---agreement, proof of---Suit for declaration/ cancellation of mutation entries, permanent injunctions--- Concurrent dismissal---Petitioner/plaintiff contended that he had purchased suit house from predecessor of respondents/ co-sharer vide sale agreement with payment of half of the stipulated consideration while the mutation was agreed to be transferred on payment of remaining amount; that petitioner continued paying monthly rent to the predecessor; that after demise of predecessor, his brother despite knowledge of sale deed had fraudulently mutated the house in his name and consequently sold the same---Validity---Petitioner's witnesses did not prove their presence at the time of execution of agreement/payment to the predecessor of respondent---No evidence regarding payment---Suit was filed as an attempt to extend illegal stay in suit house by taking shield of fake/fabricated document having no legal value---Petitioner failed to satisfy that an agreement to sell the suit house by one co-sharer in absence of other co-sharers could validly make out case for transfer of entire un-divided property to another person---No question of the specific performance of the alleged agreement---Petitioner admitted that he was inducted as tenant by making payment of rent for many years---Petitioner could not challenge the title of the landlord without first surrendering the possession to him---Revision petition was dismissed accordingly.

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