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Civil Petition for Special Leave to Appeal No.139 of 1981, decided on 7th February, 1983.
(On appeal from the judgment and order of the Lahore High Court, dated 21st January, 1981, in Cr. P. No.6/78/BWP/C.R. 650/77/LHR).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185 (3)‑‑ Civil Procedure Code (V of 1908), 5.115‑‑Transfer of Property Act (IV of 1882), S.53‑A, proviso‑‑Leave to appeal‑‑Granted to consider (i) whether in circumstances of ca‑a conditions of S.115, C.P.C. were satisfied for exercise of revisional jurisdiction by High Court; (il) whether petitioner's case was covered by proviso to S.53‑A, Transfer of Property Act and (iii) what was effect of non‑registration, of sale documents in respondent's favour.
Abid Hassan Minto, Advocate Supreme Court with Masud Akhtar, Advocate‑on‑Record for Petitioners.
S. Wajid Hussain, Advocate‑on‑Record for Respondents.
Date of hearing: 7th February, 1983.
.‑‑ After hearing the learned counsel for the petitioner we consider it a fit case for grant of leave to appeal inter alia to consider the following questions:‑‑
(a) whether in the circumstances of the case the conditions of section 115, C.P.C. were satisfied for exercise of revisional jurisdiction by the High Court;
(b) whether the petitioners' case is covered by the proviso to section 53‑A of the Transfer of Property Act;
(c) what is the effect of non‑registration of sale documents in favour of Allah Ditta respondent and of absence of any documentation between the owner and the petitioners regarding the 99 year alleged lease, at the time when the possession was said to have been transferred to the petitioners (long before the formal documentation and registration); and
(d) in case the revisional jurisdiction could be exercised whether the conclusions reached and the inferences drawn by the HIS Court are correct.
Accordingly leave to appeal is granted. Security Rs.2,000.
S.Q.
Leave granted
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