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Petitioner: Mst. SAFIA BEGUM VS Respondent: TAJ DIN And 2 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadeer Chaudhry Title: Mst. SAFIA BEGUM vs TAJ DIN And 2 Other Case No.: Civil Petition for Leave to Appeal No.42 of 1990 Date of Judgment:1991-06-26 Reported As: 1991 SCMR 112 Result: Leave granted
Judgment ORDER ABDUL QADEER CHAUDHRY, J.---Leave to appeal is sought against the order dated 3-12-1989 of the Lahore High Court. Briefly stated the facts are that the dispute relates to a house situate in Sadar Bazar, Lahore Cantonment. Taj Din and Muhammad Yaqoob, respondents, brought a suit for specific performance of an agreement. The suit was contested. The suit was decreed by the trial Judge. On petitioner's appeal the decree was set aside and the suit was remanded to the trial Court, which refused to grant specific performance of the agreement but instead passed a decree for Rs.10,000. The two appeals; one by respondents Nos.1 and 2 and the other by respondent No.3 were filed before the District Court at Lahore. The appeal filed by respondent No.3 was dismissed and that of the respondent Nos.1 and 2 was decreed for specific performance of the agreement to sell in their favour against the petitioner and respondent No.3. The petitioner filed a second appeal in the High Court which was dismissed on the ground that the petitioner had not filed copy of the judgment of the civil suit which was a mandatory requirement of law. It was further observed that a period of six years had elapsed since then but no effort was made either to obtain certified copy or to file it before the Court. The point for consideration is whether the appeal could be dismissed on such technical ground. Leave to appeal has been granted to consider similar question in other petitions. Leave to appeal is also granted in this petition. Security Rs.5,000. Status quo to be maintained subject to petitioner's furnishing security of `mesne profit' to the satisfaction of the Assistant Registrar of this Court, Lahore.