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CHAKAR BIJARANI vs ABDUL RASOOL BIJARANI Ss — 2024 CLC 1645 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 1645 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
CHAKAR BIJARANI vs ABDUL RASOOL BIJARANI Ss
Subject matter
Civil
Provisions referred to
S. 115---S; 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

CHAKAR BIJARANI VS ABDUL RASOOL BIJARANI Ss.42 & 54---Civil Procedure Code (V of 1908), S.115---Suit for declaration, possession and injunction---Specific performance as defence---Scope---Lack of counter claim and preservation of rights---Effect---Non-execution of private agreement (Faisla)---Effect---Concurrent findings of trial and appellate courts---Scope---Joint owner of the suit land with 1/3 share---Petitioners claimed to have purchased suit land from the respondent---Contention of the petitioners was that courts below erred in law in giving decision in favour of the respondent in oblivion of the private agreement, which was made with the consent of the parties---Validity---Petitioners were pleading specific performance as a defence, which would always be an uphill task being implead as defendants---Petitioners had not raised a counter claim in the suit and did not take any other action to agitate and preserve their rights as purchasers, therefore, their defence always stood on thin ice, particularly at the belated stage of revision---Private agreement was not signed by the respondent and witnesses and suit land was not conveyed by a registered sale deed, therefore, it did not help the cause of the petitioners---No jurisdictional error or irregularity in the concurrent findings of facts recorded by the courts of competent jurisdiction or on the point of law had been identified in the judgments and decrees of the courts below that could justify interference by the Revisional Court under S.115, C.P.C---Civil Revision was dismissed accordingly.

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