IQBAL BEGUM Versus AISHA BIBI

ORDER

ALI HUSSAIN QAZILBASH, J.‑‑ This is a petition for leave to appeal against the order of a learned Single Judge of the Lahore High Court, Rawalpindi Bench Rawalpindi, dated 27‑9‑1987.

2. Residential property bearing No. X‑171, X‑172, situate in Ratta Amral, Rawalpindi City, belonged to Khuda Bakhsh, the father of the petitioner and respondent No.2. On his death the property was inherited by his heirs and on division 2/3rd share in the aforesaid property, i.e., X‑171 and X‑172, fell to the share of the petitioner whereas the remaining 1/3rd share was allotted to Abdul Razzaq respondent No.2. By a registered sale‑deed dated . 19‑11‑1975 the petitioner transferred her 2/3rd share in the aforesaid property to respondent No.2 who vide sale‑deed dated 28‑2‑1979 sold the same to Mst.Aishs Bibi respondent No.1 for a valuable consideration. The petitioner then challenged the said sale asserting that the sale was as a result of fraud and the same was not binding on her. She claimed partition of the suit property. Respondent No.2 conceded the claim of the petitioner whereas respondent No.1 contested the suit. At the conclusion of the trial the learned Civil Judge, II Class, Kahuta, Camp Rawalpindi, vide his judgment dated 3‑4‑1985 dismissed the suit of the petitioner and her appeal before the Additional District Judge and revision before the High Court were dismissed on 19‑11‑1985 and 27‑9‑1987.

3. We have heard the learned counsel for the petitioner and have gone through the record of the case. This petition obviously has no merit because when the suit for annulment of the sale‑deed dated' 19‑11‑1975 was instituted on 28‑11‑1979, the property in dispute already stood sold in favour of Mst. Aisha Bibi. In those proceedings admittedly. Mst. Aisha Bibi who was a necessary party was not arrayed as a defendant, therefore, in no way the consent decree dated 6‑4‑1980 could bind her. Furthermore, after the sale in favour of respondent No.1 on 28‑2‑1979, respondent No.2 had no right to concede the ownership rights of the petitioner.

4. The petition fails and is dismissed.

M.I. /I‑42/S Petition dismissed.