1987 PLP 2235 (CLC)

Muhammad Farooq for Petitioner. Javed Iqbal Mughal for Respondent No.l. Nemo for the remaining Respondents. This order will dispose of two transfer applications (T.A. 226/C of 1987 and T.A. 227/C of 1987) filed by Amir Hussain Khan, petitioner, for the transfer of two appeals filed by him against Haji Hakam Din and others and Haji Muhammad Yousaf and others, which are pending before Rai Muhammad Zaffar Bhatti, Additional District Judge, Sialkot, to the High Court for disposal.

2. The facts of the case are that the petitioner filed a suit for possession against Haji Muhammad Yousaf and Haji Hakam Din, respondents, in respect of property which the respondents had encroached upon and started raising construction thereon. The petitioner valued the suit for purposes of court‑fee and jurisdiction at Rs.25,00,000/‑, being the market value of the property in question. Haji Hakam Din, respondent, instituted, in turn, a suit for specific performance against the petitioner, alleging that the petitioner had entered into an agreement for sale of a part of the said property, through his agents, Haji Muhammad Said Ali Zaidi and Haji Muhammad Afzal Khan, in his favour. Haji Hakam Din valued the suit for the purposes of court‑fee and jurisdiction at Rs.84,000/‑, which he alleged to be the sale price mentioned in the agreement. Haji Muhammad Yousaf, respondent, also instituted a suit for specific performance against Amir Hussain Khan, petitioner, alleging that he had entered into an agreement for sale of a part of the said property to him, through his agents, Haji Muhammad Said Ali Zaidi and Haji Muhammad Afzal Khan, respondents. He valued the suit for the purposes of court‑fee and jurisdiction at Rs.1,60,

000. The learned trial Court consolidated all the three suits and disposed them of by one single judgment, whereby the suit of the petitioner was dismissed and that of Haji Hakam Din and Haji Muhammad Yousaf were decreed. Since the suit of the petitioner was dismissed, he preferred an appeal against the said judgment and decree before the High Court, as the value of the suit for the purposes of court‑fee and jurisdiction was Rs.25,00,000/‑. The said appeal was registered as RFA No.41 of 1987, which was admitted to a regular hearing. Since the suits of Haji Hakam Din and Haji Muhammad Yousaf, respondents, were of lesser value, he preferred appeals before the District Judge, Sialkot, which were marked for disposal to Rai Muhammad Zaffar Bhatti. Ahmad Additional District Judge, Sialkot. Through the present transfer petition the petitioner prays that the said appeals, be transferred to the High Court for disposal alongwith R.F.A. No. 41 of 1987.

3. Mr. Javed lqbal Mughal, Advocate, appears for Haji Hakam Din and Haji Muhammad Yousaf, respondents. Haji Muhammad Said Ali Zaidi, respondent, was ordered to be served personally and by affixing a copy of the notice on the outer door of his residence. The report of the Process Server shows that Haji Muhammad Said Ali Zaidi, respondent, refused to accept service and that a copy of the notice was affixed on the outer door of his residence, in respect of both the present petitions. Haji Muhammad Said Ali Zaidi, respondent, shall, therefore, be treated as served in both the petitions. Nobody appears for him. Ex parte proceedings shall be taken against him. Haji Muhammad Afzal respondent was served for 6‑5‑1987 in both the petitions. Nobody appears on his behalf. Ex parte proceedings are ordered against him.

4. I have heard the arguments of the learned counsel for 'he petitioner and respondent No..1 in both the petitions. Learned counsel for respondent No.1 submits that he has no objection if both the appeals are transferred to the High Court.

5. For the foregoing reasons, both these petitions (T.A. 226/ C of 1987 and T.A. 227/C of 1987) are accepted and the two appeals Of the petitioner pending before Mr. Muhammad Zaffar Bhatti, Additional District Judge, Sialkot, are hereby transferred to the High Court. A. A. /A‑95/L Order accordingly.