1989SCMR968 (PLP)

USMAN ALI SHAH, J.‑‑The petitioners in this petition have come upto this Court for seeking leave against the judgment and order, dated 7‑2‑1988 of the High Court of Sind, wherein 2nd Appeal No.4 of 1984 of the respondents against the order of the Vth Additional District Judge, Karachi, dated 2‑5‑1984, was accepted by the impugned judgment. A sale‑decd was executed between Mst. Hajiani Fatima Bai (respondent herein) and Muhammad (deceased) predecessor‑in‑interest of the petitioners herein, regarding a plot measuring 120 sq. yds. for a consideration of Rs. 5,500, on 17th August, 1968. The plot in question was allotted to the deceased from Hussain Abad Co‑operative Housing Society. The Vendor agreed to complete his part of transaction of the plot in dispute free from all encumbrances on receipt of the consideration from the Vendee (Mst. Hajiani Fatima Bai). With the consent of the deceased, Mst. Hajiani carried out some superstructure work which cost her Rs.8500 on the disputed plot. The deceased went back from his promise to complete his part of transaction with the respondent. As a result the respondent filed a suit for specific performance of the aforesaid agreement and a clam for Rs.8,500 which the respondent had spent on the superstructure of the plot was also preferred in the Court of the XIIIth Civil Judge, Karachi. On the pleadings of the parties the learned trial Judge framed 8 issues out of which issue No.4 was the major one on which the whole case was revolving. The learned trial Judge decided the said issue in affirmative and finally decreed the suit in favour of the respondent vide his order, dated 30‑11‑1976. Mst. Haleema widow of Muhammad deceased etc. filed an appeal before the Vth Additional District Judge, Karachi, who vide his judgment dated 2‑5‑1984 allowed the appeal and the suit was partly decreed (for amount of Rs.8,500) and partly dismissed (regarding prayer for specific performance of the contract and possession). Aggrieved with the order of the learned Vth Additional District judge, the respondent (Mst. Hajiani) filed 2nd appeal in the High Court of Sind which was allowed by the learned Single Judge vide impugned judgment. We have heard the learned counsel for the parties and perused the judgments of the Courts below. We do not see any merit in this petition which deserves dismissal outright. The by‑laws of the Society are not on the record to show that the allottees of plots cannot sell their plots in accordance with the rules/by‑laws. It is nobody's case that there existed any bar against the transfer of the plots. In our opinion the matter in issue has thoroughly been examined by the learned trial Court as well as by the learned High Court in the light of the evidence on record. The findings arrived at by them are based on due and proper appreciation of evidence on record and the learned counsel for the petitioner was unable to point out before us any error therein. The petition therefore, has no merit for consideration of this Court and is accordingly dismissed. Leave refused. M.Y.H./A‑438/S Leave refused.