Respondent vs Appellants — 1960 PLD 472

Citation: 1960 PLD 472

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1960 Kar. 472

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Mujibur JUDGMENT Reported As: 1971 SCMR 123 Result: Appeal accepted Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of a judgment of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore Seat, in an application under section 115 of the Code of Civil Procedure, whereby an order of the Senior Civil Judge, Sheikhupura, dated the 7th of June 1968, rejecting the plaint under Order VII, rule 11 of the Code of Civil Procedure was set aside and the case remanded for trial by another Civil Judge in the same district. The suit out of which the above revisional application arose was filed by the respondent herein for a declaration that he was the owner in possession of property No. B-IV-S-3-84 as a transferee from the Settlement Department and for a consequential relief for restraining the appellants, who were defendants in the suit, from interfering with his possession. The property consisted of a shop on the ground floor and a chaubara over it which was in the occupation of the respondent. The allegations in the plaint upon which the suit was founded, were that the respondent had entered into an agreement with the appellant No. 2, who was his close friend and neighbour, that the latter would pay the entire price for the property to the Settle--ment Department and in consideration thereof the respondent would execute a deed of…

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