2010 CLC 292 KARACHI-HIGH-COURT-SINDH

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Mst. MIR BAHAR VS SAUDABAD COLONY TRUST through Deputy Commissioner Qanun-e-Shahadat Order 1984--72 , Specific Relief Act 1877--12 , S. 12---Qanun-e-Shahadat (10 of 1984), Art.72---Specific performance of agreement to sell---Transfer letter---Proof---Failure to produce transfer letter---Contention of plaintiff was that suit plot was transferred in his favour by Welfare Officer of the Trust but the Trust declined to execute lease deed in his favour---Trial Court decreed the suit in favour of plaintiff but Lower Appellate Court dismissed the same---Validity---Plaintiff had pleaded that it was Welfare Officer who had allotted him the piece of land, such allotment, if at all, was non-¬est, bye-laws of the Trust did not contain any such authority for Welfare Officer---Letter of transfer relied upon by plaintiff was a cyclostyled document, whereon even signatures were cyclostyled and the letter was not produced in evidence---Even during appeal no efforts had been made to prove existence of that transfer letter---High Court declined to act and decide on the basis of such a document which had no legs to stand upon---Once a trespasser always a trespasser---Plaintiff stated in his plaint that he was put in occupation and his claim was that he was allotted plot in question by Welfare Officer but plaintiff had not been able to produce that Welfare Officer in the dock---Plaintiff had been in illegal occupation of plot in question and no authorized person or the Trust put him in possession or had allotted the plot to him, therefore, plaintiff was mere a trespasser always liable to eviction---High Court maintained judgment and decree passed by Lower Appellate Court---Revision was dismissed in circumstances.