ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Civil Revision Appln.No.S-60 of 2018

DATE                         ORDER WITH SIGNATURE OF JUDGE

01. For orders on office objection “A”.

02. For order on C.M.A.No.346/2018

03. For hearing of main case.

05.05.2023.

Mr. Abdul Rehman Bhutto, Advocate for applicant.

Mr. Zahid Hussain Chandio, Advocate for private respondents.

Mr. Ali Anwar Kandhro, Addl.A.G.

                                                            -.-.-.-.-.-.-.-.-

1.                     Complied with.

2 & 3.              The facts in brief necessary for disposal of instant civil revision application are that the subject property being owned by Waheed Ahmed was purchased by the applicant from Ghulam Hyder with an undertaking that he would arrange for execution of its sale deed in his favour at subsequent stage, which he failed to execute, therefore, the applicant filed a suit for Specific Performance of Contract and Permanent Injunction against both of them by impleading therein the province of Sindh and its officials as party. It proceeded ex-parte and was dismissed accordingly by learned trial Court; such dismissal was maintained by learned Appellate Court, which has been impugned by the applicant before this Court by preferring the instant civil revision application.

            It is contended by learned counsel for the applicant that the suit proceeded ex-parte, therefore, learned trial and Appellate Courts ought not to have dismissed the same by disbelieving the applicant. By contending so, he sought for setting aside of the impugned judgment.

            Learned counsel for the private respondents and learned Addl.A.G have sought for dismissal of instant civil revision application by contending that the agreement to sale was fake, therefore, the learned trial and Appellate Courts have rightly dismissed the suit of the applicant.  

            Heard arguments and perused the record.

            Admittedly, the subject the property is owned by Waheed Ahmed, same as per the applicant has been purchased by him by way of an agreement from Ghulam Hyder with an undertaking that he would arrange for execution of its sale deed in his favour at subsequent stage, which he failed to execute, therefore, he filed the instant suit for Specific Performance of Contract and Permanent Injunction. If for the sake of arguments, it is believed that such agreement to sale is not fake and was actually executed in favour of the applicant by Ghulam Hyder even then same having been hit by Section 7 of Transfer of Property Act, 1882 could not be enforced as he being incompetent person was having no authority to have executed the same in favour of the applicant, being stranger to the subject property; therefore, same being invalid legally could not be enforced. In these premises, learned trial and Appellate Courts were right to dismiss the suit of the applicant; such dismissal is not calling for any interference by this Court by way of instant civil revision application; it is dismissed accordingly, with no order as to costs.

JUDGE