Mst. SHARIFAN BIBI and others vs Malik SHARIF PARVEZ and others
The respondent instituted a civil suit for specific performance of an agreement to sell concerning the suit-land against the petitioners and others. During the proceedings, the first petitioner filed an application under Order VII, Rule 11 of the Code of Civil Procedure 1908 for the rejection of the plaint, which was dismissed by the trial court. The petitioners subsequently challenged this dismissal through a civil revision before the Lahore High Court, which was also dismissed. Aggrieved, the petitioners approached the Supreme Court of Pakistan via a petition for leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan 1973. The Supreme Court heard the petitioners' contentions and evaluated the proposition that an agreement to sell does not confer title, but found no illegality or infirmity in the concurrent discretion exercised by the lower courts in declining to reject the plaint prematurely. The Court held that the matter warranted a full trial to properly identify and determine the rights of the parties, thereby dismissing the petition and refusing leave to appeal.
- Whether an agreement to sell confers any title in property on the prospective vendee?
- Can a plaint be rejected under Order VII Rule 11 of the Code of Civil Procedure 1908 when the rights of the parties require determination after a proper trial?
- Whether the Supreme Court will interfere with the concurrent discretion of lower courts refusing to reject a plaint?
- Order VII Rule 11, Code of Civil Procedure 1908
- Article 185(3), Constitution of Islamic Republic of Pakistan 1973
ORDER
' The respondent filed a suit against the petitioners and 3 others seeking specific performance of an agreement executed in his favour regarding the sale of the suit-land. After the written statement had been filed, an applica4on was submitted by the defendant, petition No,1 under Order VII, rule 11, C.P.C. Praying for the rejection of the plaint. The said application was dismissed by the trial Court which led the petitioner to the Lahore High Court with Civil Revision No,1618 of 2001 which was also dismissed through order, dated 15-10-2001 which is now the subject-matter of this petition before us under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973.
2. Learned counsel for the petitioners has been heard at some length. He has placed reliance on Muhammad Yousaf v. Munawar Hussain 2000 SCM R 204 and Hayat Muhammad v. Tajuddin 1994 SCM R 1188 to canvass that an agreement to sell does not confer any title in property on the one in whose favour such an agreement has been executed.
3. The learned counsel has not been able to show any illegality in the discretion exercised by the two learned Courts including the High Court in refusing to reject the plaint and opting to have the matter tried so that the rights of the parties could be identified and determined after a proper trial in the matter.
4. We find nothing wrong with the said findings of the said learned Courts. This petition is, therefore, dismissed and leave refused.