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Citation Name: 2023 YLR 86 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD DILSHAD vs MUHAMMAD AKRAM S — 2023 YLR 86 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLR 86 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Reporter
YLR
Parties
Citation Name: 2023 YLR 86 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD DILSHAD vs MUHAMMAD AKRAM S
Subject matter
Civil
Provisions referred to
S. 115---; Civil Procedure Code (V of 1908)

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

Citation Name: 2023 YLR 86 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD DILSHAD VS MUHAMMAD AKRAM S. 115--- Revisional jurisdiction---Concurrent decree---Scope---High Court had jurisdiction to interfere in the perverse concurrent judgments/decrees of the lower fora. Citation Name: 2023 YLR 86 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD DILSHAD VS MUHAMMAD AKRAM Ss. 42 & 23---absence of proprietary rights---If a person was not owner of the property and the property was owned by the state, he could not execute any sale deed until he got proprietary rights of the same and if any transaction made, same would not take effect and its operation shall remain suspended till acquisition of the said rights. Citation Name: 2023 YLR 86 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD DILSHAD VS MUHAMMAD AKRAM art. 113---Civil Procedure Code (V of 1908), O. I, R. 1---Specific performance of agreement to sell---Predecessor of the respondents filed suit alleging that the predecessor of petitioners/defendant purchased the suit house in auction; that no proprietary rights were granted to him by settlement department; that predecessor of respondents purchased the same house from the predecessor of petitioners through agreement to sell but he refused to execute the sale deed---Suit was concurrently decreed---Validity---Respondent/plaintiff admitted in plaint that sale deed could not be registered because proprietary rights of the suit property were not conferred by the Settlement Department---Evacuee property was owned by provincial government but the respondents had not impleaded the Settlement Department/Chief Settlement Commissioner as party in suit---Revision petition was allowed and suit of the respondents was dismissed, in circumstances. Citation Name: 2023 YLR 86 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD DILSHAD VS MUHAMMAD AKRAM O. I, R. 1---In the absence of necessary party, no effective decree/order could be passed.

Other judgments reported in 2023 YLR

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