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Petitioner: Dr. ABDUR REHMAN and others VS Respondent: ALLAH DITTA and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Shafi-ur-Rehman Title: Dr. ABDUR REHMAN and others vs ALLAH DITTA and others Case No.: Civil Petition for Special Leave to Appeal No,139 of 1981 Date of Judgment:1983-02-06 Reported As: 1984 SCMR 1554 Result: Leave granted
Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.-- After hearing the learned counsel for the petitioner we consider it a fit case for grant of leave A to appeal inter alia to consider the following questions:-- (a) whether in the circumstances of the case the conditions of section 115, C.P.C. Were satisfied for exercise of revisional jurisdiction by the High Court; (b) whether the petitioners' case is covered by the proviso to section 53-A of the Transfer of Property Act; (c) what is the effect of non-registration of sale documents in favour of Allah Ditta respondent and of absence of any documentation between the owner and the petitioners regarding the 99 years alleged lease, at the time when the possession was said to have been transferred to the petitioners (long before the formal documentation and registration); and (d) in case the revisional jurisdiction could be exercised whether the conclusions reached and the inferences drawn by the High Court are correct. ' Accordingly leave to appeal is granted. Security Rs,2,000.