FALAK SHER---Petitioner vs PROVINCE OF PUNJAB and others---

ORDER

IJAZ UL AHSAN. J.---Leave to appeal is sought against a judgment of Lahore High Court, Lahore, dated 27.04.2012. Through the impugned judgment, a civil revision (C.R. No. 1383 of 2012) filed by the petitioner was dismissed.

2.The claim of the petitioner arises out of an alleged agreement dated 17.12.1989. He alleges that a piece of land was allotted to Muhammad Hussain who on account of paucity of financial resources asked the petitioner help him make the land cultivable. The petitioner, claims to have spent substantial sums of money to improve the land. The said Muhammad Hussain subsequently died leaving behind a son named Muhammad Mansha who was a minor. The legal representatives of Muhammad Hussain, therefore, allegedly asked the petitioner to become owner to the extent of 1/2 of the land and an agreement in this regard was executed between the parties on 17.12.1989. The petitioner alleges that the Respondents subsequently resiled from the agreement which forced him to file a suit in the Civil Court to assert his right over the property in dispute. The same was dismissed and his appeal did not succeed either. Even in the revenue hierarchy he could not succeed. Later, he filed a second suit for declaration and consequential relief. The trial Court as well as the appellate Court dismissed the second suit as well which led to filing of a Civil Revision, which too met the same fate. Hence, this petition.

3.Having heard learned counsel for the petitioner and examined the record, we find that there are concurrent findings of fact recorded by three different Courts in two rounds of litigation against the petitioner. Further, the petitioner has not succeeded in the revenue hierarchy. Even otherwise, it is settled law that title in immovable property cannot be claimed merely on the basis of an agreement and the alleged status of the petitioner vis--vis the property in dispute has been adjudicated upon unfavorably by the Civil Courts in two rounds of litigation as well as the revenue authorities. The declaration sought and the right asserted by the petitioner has no legal basis and all legal fora have recorded valid and cogent reasons for declining relief. The learned counsel for the petitioner has not been able to point out any illegality or irregularity committed by the lower fora. We are, therefore, not inclined to interfere in the matter in exercise of our jurisdiction under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973.

4. Accordingly, this petition is dismissed and leave to appeal is refused.