2010 PLP 444 (MLD)
MUHAMMAD YAR — Petitioner Versus Mst. KARAM JAN and others — Respondents
| Citation | 2010 PLP 444 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD YAR — Petitioner Versus Mst. KARAM JAN and others — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2010 PLP 444 (MLD)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 444 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 444 (MLD) (MUHAMMAD YAR — Petitioner Versus Mst. KARAM JAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Israr-ul-Haq for Petitioner.
Headnotes / Summary
S. 12
Suit for specific performance of agreement of sale had been decreed by the Trial Court
Appellate Court disposed of appeal against said order holding that decrees were passed by the Trial Court without framing issues and remanded the case to decide the same on the basis of issues framed by the Appellate Court
Appellate Court while remanding the case to the Trial Court had not taken into consideration the reasoning given by the Trial Court; and had not appreciated the evidence on record while reversing finding of the Trial Court
Appellate Court was obliged to meet the discussion/reasonings given by the Trial Court while taking contrary view of the matter
Allowing revision, case was remanded to the Appellate Court to re-hear the matter and decide appeals afresh according to settled law.
Judgment & Decree
M.A. ZAFAR, J.
The brief facts giving rise to present petition are that petitioner filed a suit for specific performance .of agreement of sale in respect of the property as detailed in the plaint alleging therein that an agreement to sell was executed in his favour on 3-10-1986. The learned trial Court vide judgment and decree dated 25-10-1992 decreed the same and the mutation number 347 dated 5-10-1986 regarding the exchange of disputed land was set aside and was declared as ineffective against the rights of the petitioner.
2. Being aggrieved by that judgment and decree dated 25-10-1992. Mst. Waziran Bibi etc., filed appeal before the learned District Judge and Mst. Karam Jan one of the defendants/respondent No. 1 also filed aseparate appeal and both the appeals were disposed of holding that the said decrees were passed without framing necessary issues and remanded the case to decide the same on the basis of issues framed by the learned Appellate Court.
3. The learned Appellate Court while remanding the case to the learned trial Court has not taken into consideration the reasonings given by the learned trial Court and he has not appreciated the evidence on record while reversing finding of the trial Court, it was obligatory upon him to meet the discussion/reasonings given by the learned trial Court while taking contrary view of the matter. Reliance is placed on "Madan Gopal's case" PLD 1969 SC 617.
4. For the forgoing reasons, the revision petition is accepted and case is remanded to the learned District Judge Pak Pattan Sharif to re-hear the matter and decide both the appeals filed by Mst. Waziran Bibi etc., and Mst. Karam Jan and another according to the guidelines given by the Hon'ble Supreme Court of Pakistan in Madan Gopal's case supra. H.B.T./M-599/L Case remanded.