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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. SHARIFAN BIBI and others VS Respondent: Malik SHARIF PARVEZ and others
Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Khalil-ur-Rehman Ramday, M. Javed Buttar Title: Mst. SHARIFAN BIBI and others vs Malik SHARIF PARVEZ and others Case No.: Civil Petition No,124-L of 2002 Date of Judgment:2004-10-12 Reported As: 2008 SCMR 757 Result: Petition dismissed
Judgment ORDER ' The respondent filed a suit against the petitioners and 3 others seeking specific performance of an agreement executed in his favour regarding the sale of the suit-land. After the written statement had been filed, an applica4on was submitted by the defendant, petition No,1 under Order VII, rule 11, C.P.C. Praying for the rejection of the plaint. The said application was dismissed by the trial Court which led the petitioner to the Lahore High Court with Civil Revision No,1618 of 2001 which was also dismissed through order, dated 15-10-2001 which is now the subject-matter of this petition before us under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973. 2. Learned counsel for the petitioners has been heard at some length. He has placed reliance on Muhammad Yousaf v. Munawar Hussain 2000 SCM R 204 and Hayat Muhammad v. Tajuddin 1994 SCM R 1188 to canvass that an agreement to sell does not confer any title in property on the one in whose favour such an agreement has been executed. 3. The learned counsel has not been able to show any illegality in the discretion exercised by the two learned Courts including the High Court in refusing to reject the plaint and opting to have the matter tried so that the rights of the parties could be identified and determined after a proper trial in the matter. 4. We find nothing wrong with the said findings of the said learned Courts. This petition is, therefore, dismissed and leave refused.