Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD HUSSAIN VS Respondent: MANZOOR HUSSAIN
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: MUHAMMAD HUSSAIN vs MANZOOR HUSSAIN Case No.: Civil Revision No, 56-D of 1983 Date of Judgment:1983-02-11 Reported As: 1983 CLC 3154 Result: Petition dismissed
Judgment ORDER ' Manzoor Hussain, respondent, filed a suit for specific performance against Muhammad Hussain, petitioner and the Provincial Government. The suit was contested by the petitioner/plaintiff. The trial Court decreed the suit on 21st June, 1978 subject to the petitioner herein, depositing a balance of the sale price 1. e. Rs, 12,772 up to 20th July, 1978. 2. Feeling dissatisfied Muhammad Hussain, petitioner/defendant, filed appeal before the High Court but thereafter since pecuniary jurisdiction of the District Judge was raised to Rs, 50,000, the appeal was transmitted to the District Judge, Multan, who entrusted the same to the Additional District Judge. When the case came up before the learned Additional District Judge, Multan, respondent Manzoor Hussain agreed to take special oath as proposed by Muhammad Hussain, petitioner/ appellant therein, and the appeal was disposed of accordingly. Hence this revision petition. 3. Learned counsel for the petitioner submits that since the disputed property was a State land the agreement between the parties bein bit by section 19 of the Colonization of Government Lands Act the impugned judgment and decree of the appellate Court is not maintainable. 4. I have considered the submission made by the learned counsel in the light of the record available before me. I find that the matter having been decided on special oath as agreed upon between the parties, this revision does not lie. Respondent No, 1, took oath on the Holy Quran as proposed by the petitioner, herein, and as such the petitioner cannot be allowed to go back. 5. For what has been stated above there being no merit, the revision is dismissed in limine.