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Transfer Application No.286/C of 1984, decided on 29th January, 1985.
---S.24--Transfer of appeal--Matter in .dispute in both appeals being same--Common questions involved in both appeals--Both appeals, held, should be heard by one and same Court to avoid conflicting findings on said questions--Appeal pending before lower appellate Court ordered to be transferred to High Court.
Ahmad Waheed Khan for Petitioner.
Nemo for Respondent No.1.
Facts giving rise to this petition are that the respondents, Muhammad Shujaat Khan and another, brought a suit for specific performance of an agreement whereby the petitioner had allegedly undertaken to sell certain property. On the other hand, the petitioner, Mashkoor Ahmad Khan, filed a suit for cancellation of the deed containing the said agreement. The two suits were heard by the Senior Civil Judge, Lahore. Suit filed by the petitioner was dismissed while the suit instituted by the respondents was decreed. Since the value of his suit was less than Rs.50,000, the petitioner has filed an appeal (Appeal No.53 of 1983) before Mr. Nusrat Hussain Qureshi, Additional District Judge, Lahore, against the judgment and decree passed in his suit. As the value of the suit brought by the respondents was more than Rs.50,000 the petitioner filed appeal (R.F.A. No. 80 of 1983) before this Court against the judgment and decree passed in the said suit. By means of the present petition, he has prayed that since the matter in dispute in both the appeals is the same, the appeal before the learned Additional District Judge may also be transferred to this Court and heard alongwith the appeal pending in this Court.
2. It is not disputed that common questions are involved in the two appeals. Therefore, with a view to avoiding conflicting findings on the said questions, it is desirable that both the appeals should be heard by one and the same Court. It will also be conducive to the convenience of the parties if the two appeals are heard and decided together. The appeal pending before this Court cannot be heard by the learned Additional District Judge, but the appeal with him can be heard by this Court. 1, therefore, transfer the appeal pending before the learned Additional District Judge to this Court. Both the appeals shall be heard by one and the same Bench of this Court. The petition, is accepted with no order as to costs.
H . B . T . Petition accepted.