69/2011 Civil Revision Muhammad Sharif, thr:L.Rs: (Applicant) V/S Abdul Razak, thr:L.Rs.and others (Respondent)

69/2011 Civil Revision Muhammad Sharif, thr:L.Rs: (Applicant) V/S Abdul Razak, thr:L.Rs.and others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 14-JAN-19

The applicant claimed to be in possession of the subject property, however, he was unable to demonstrate as to how he came in possession. The agreement is absolutely silent as far as delivery of possession is concerned. His brother was a lessee of the land in question, however, the lease expired in the year 1997 and the possession of his brother is neither in pursuance of the sale agreement nor could he be deemed to be in possession as a lessee after the sad demise of his brother. His only defence was that he was given possession of the suit land in part performance of the agreement which has not come out of the evidence and the agreement. His own witnesses denied his version as there was no decision being taken as far as possession is concerned at the time of alleged agreement. In fact, the record and proceedings were called and original agreement was perused. It reflects a contrary view about possession which is to be delivered at the time of the registration of sale deed, hence, the evidence of the applicants is not confidence inspiring.