DILBAR HUSSAIN vs MAHMOODUL HASAN
This petition for leave to appeal arose from a consolidated judgment of the Baluchistan High Court, which dismissed two Regular First Appeals filed by the petitioner. The underlying dispute concerned a suit for possession of property filed by the respondents against the petitioner, and a cross-suit filed by the petitioner seeking a declaration that the respondents' sale deed was unlawful. The core legal questions were whether the petitioner occupied the property as a licensee and whether he possessed the legal standing to challenge the validity of the sale deed executed between the previous owner and the respondents. The High Court, upon re-appraisal of the evidence, concluded that the petitioner was merely a licensee and, as a stranger to the transaction, lacked the standing to challenge the sale, particularly when the vendor supported the transaction. The Supreme Court affirmed these findings, holding that the High Court's factual determinations were supported by the evidence on record and that the legal position regarding the petitioner's status as a licensee and his lack of standing was correct. Consequently, the petition for leave to appeal was dismissed.
- Is a licensee in possession of property entitled to challenge the validity of a sale deed executed between the owner and a third party?
- Does a person occupying property as a licensee have the legal standing to contest the title of the purchaser?
- Can a court dismiss a suit for declaration against a sale deed if the petitioner is a stranger to the transaction and the vendor supports the sale?
ORDER
1. ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from a consolidated judgment of Baluchistan High Court dated 26-3-1986 by which Regular First Appeals Nos.9 and 12 of 1985 filed by the petitioner were dismissed. Regular First Appeal No.9 of 1985 arose out of a suit filed by respondents on 10-12-1980 in the Court of Senior Civil Judge, Quetta, against the petitioner for recovery of possession of land measuring 1,500 square feet alongwith a but (hereinafter referred to as the "suit property"), situated in Khasra No.1327 Ward No.21, Quetta. The respondents purchased the suit property from the previous owner on 2-5-1975 and got the land mutated in their name.
2. They asserted in the suit that petitioner was occupying the suit-property as a licensee, being an employee of the previous owner, Mr. F.B. Patel, and he requested them for grant of permission to stay in the premises for 2 or 3 months so that he may find an alternate arrangements for his residence. They averted in this behalf that since petitioner's request was supported by Mr. F.B. Patel the) agreed, but despite the undertaking, petitioner, failed to vacate the premises, and instead took up the matter with the Martial Law Administrator 'D' Zone, In these proceedings, petitioner gave an undertaking to vacate the suit property by 15-11-1972 but he instead of honouring the undertaking, filed Constitution Petition No.167 of 1977 in the High Court of Baluchistan which was dismissed.
3. Regular First Appeal No.12 of 1985 arose out of a suit filed by petitioner for declaration that the sale- deed in favour of the respondents was contrary to law, and they have no legal authority to evict him from the suit property. This suit was also dismissed by the learned trial Judge by the same judgment dated 10-10-1985.
4. On re-appraisal of the evidence, learned Judges in the High Court held that petitioner was a mere licensee in respect of the suit property. They further held that the petitioner being a stranger to the transaction in respect of the property was not entitled to challenge the same when the sale was supported by the vendor himself After hearing the petitioner who appears in person, we find' that the findings of the fact reached by the learned Judges in the High Court have full support in evidence on record, and since no exception can be taken with the position in law stated by the learned Judges in the High Court, this petition has no merit and it is accordingly dismissed.