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Citation: 1963 PLD 351
Court: Lahore High Court
Year: 1968
Decision Date: 1968-12-03
Parties: FAZAL MUHAMMAD vs MUHAMMAD USMAN
Case cited as PLD 1963 Kar. 351
Court Name: Lahore High Court Judge(s): Nasim Hasan Shah Title: FAZAL MUHAMMAD vs MUHAMMAD USMAN Case No.: Civil Revision No. 721 of 1967 Date of Judgment:1968-12-03 Reported As: PLD 1970 Lahore 560 Result: A. JUDGMENT JUDGMENT The facts giving rise to this petition may be briefly recounted as follows:- Fazal Muhammad petitioner was issued a P. T. O. By the Settlement Department in respect of house No. 15-E (southern portion), situate in E Block, Vehari. He entered into a sale agreement on 26-7- 1965 for the sale of this property in favour of Muhammad Usman respondent/plaintiff. According to the averments made in the agreement of sale a sum of Rs. 4,000 had been received as advanced money and the balance of Rs. 1,000 was to be paid before the Sub-Registrar at the time of the registration. As Fazal Muhammad had not got the permanent transfer of the property in his own favour as yet and was not in a position to get the agreement of sale registered in favour of the respondent-plaintiff Muhammad Usman, he undertook to obtain the permanent transfer document in his own favour within two months in order to complete the sale transaction. It was, however, recited in this document that the possession had been delivered to the other party (Exh. P. 2). A separate affidavit was sworn to by Fazal Muhammad also on 26-7-1965 wherein it was averred, in Para. 5 thereof, that the deponent had delivered possession of the portion of the house in question in favour of the respondent-plaintiff…
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