Muhammad Ilyas Abbasi vs M/s Hakas (Pvt — 2026 MLD 9 ISLAMABAD

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Muhammad Ilyas Abbasi VS M/s Hakas (Pvt.) Ltd. Ss.42 & 54---Transfer of Property Act (IV of 1882), S.54---Civil Procedure Code (V of 1908), S. 115---Suit for declaration and injunction---Sale---Bona fide purchaser---Proof---Petitioner / defendant alleged that despite revoking of power of attorney, suit land was sold by the attorney in favour of respondents / plaintiff---Plea raised by petitioner / defendant was that no sale consideration was given to him therefore, sale was not concluded---Trial Court and Lower Appellate Court concurrently decided the matter in favour of respondent/plaintiff---Validity---Burden of proof was squarely on respondent / plaintiff to establish that he was indeed abona fide purchaser---Respondent / plaintiff had to provide clear and convincing evidence showing not only that the purchase was made in good faith and for fair value but also that it was done without any knowledge, actual or constructive, of the revocation of the authority under which the sale was conducted---Mere assertion of good faith and bona fide purchaser was insufficient and without such proof on record, claim of respondent / plaintiff of a bona fide purchase was not tenable---Scope of revisional jurisdiction under S.115, C.P.C. is limited and narrowly defined---While exercising revisional powers, High Court refrains from interfering with concurrent findings of Courts below---Such principle is grounded in judicial discipline and respect for factual determinations made by subordinate Courts---However, this rule is not absolute and does not entirely bar High Court from exercising its revisional jurisdiction in appropriate cases---Powers under S.115, C.P.C. is specifically intended to prevent gross miscarriage of justice and to correct decisions that are patently illegal or perverse---Trial Court as well as Lower Appellate Court misapplied relevant legal provisions and incorrectly evaluated evidence on record, thereby rendering adecision that was not only legally flawed but had also caused serious prejudice to the rights of affected party---High Court set aside judgments and decrees passed by two Courts below, as interference under S.115, C.P.C. was not only justified but necessary to uphold the principles of justice and legality---Resultantly suit filed by respondent / plaintiff was dismissed---Revision was allowed in circumstances.

Muhammad Ilyas Abbasi vs M/s Hakas (Pvt — 2026 MLD 9 ISLAMABAD

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