-Sale agreements--Enforcement of certain agreements--Maintainability--Constitutional petition--Q uestions relating to enforcement of certain agreement etc allegedly arrived at between parties to be decided .......

 PLJ 2024 Karachi (Note) 14
Present Khadim Hussain M. Shaikh, J.
MUSHTAQUE ALI--Petitioner
versus
PROVINCE OF SINDH through Home Secretary Karachi and 3 others--Respondents
C.P. No. S-1235 of 2018, decided on 18.9.2018.

Constitution of Pakistan, 1973--

----Art. 199--Sale agreements--Enforcement of certain agreements--Maintainability--Constitutional petition--Q uestions relating to enforcement of certain agreement etc allegedly arrived at between parties to be decided in appropriate proceedings before Court of competent jurisdiction, where parties by adducing evidence of nature oral as well as documentary evidence can establish their right over subject property and validity and enforceability of alleged agreement etc.--Petition dismissed.                                  [Para 4] A

1999 SCMR 2381 ref.

Shahid Sahito, Advocate for Petitioner.

Mr. Muhammad Aleem Arain, Advocate for Respondent No. 4.

Mr. Habib-ur-Rehman Jamali, Assistant Advocate General.

Date of hearing: 18.9.2018.

Order

It is, inter-alia, contended by the learned counsel for the petitioner that the parties had entered into certain sale transaction in respect of the Agricultural land shown in Paragraph-2 of the petition, whereby the petitioner had sold out the said land to the defendant, but the defendant did not perform the part of contract on his part and resultantly the parties were tagged in litigation i.e. Civil as well as Criminal litigations which included a suit filed by the petitioner seeking declaration of his title over the subject property with consequential relief, but afterwards parties again arrived at some settlement through private faisla and in pursuance thereof the matters between the parties before the Courts were ended. He therefore, prays that the private respondents may be directed to implement the private settlement arrived at between the parties in private faisla (Jirga).

2. The learned counsel for the Respondent No. 4, placing on record copy of settlement agreement and order passed by the learned Judicial Magister-IX. Hyderabad on a report under Section 173 Cr.P.C, submitted by the Investigating Officer in Crime No. 89 of 2018 for offences under Sections 147, 148, 149, 506/2, 504 PPC registered at PS Hatri Hyderabad, states that the petitioner belongs to a group of Land Mafia and is active in usurping the properties of the people of the locality, that the petitioner had forcibly occupied his land bearing Survey No. 550 in the year 2012-13, and then a private faisla was arrived at between the petitioner and private respondent through a Jirga, but the petitioner backed out from that Faisla too; and, that this petition involving such dispute is not maintainable.

3. Learned Assistant A.G adopting the arguments of learned counsel for the respondent prays that the petition may be dismissed.

4. Patently, the matter is involving dispute between the private parties over the landed property and questions relating to the enforcement of certain agreement etc. allegedly arrived at between the parties to be decided in appropriate proceedings before the Court of competent jurisdiction, where the parties by adducing the evidence of the nature oral as well as documentary evidence can establish their right over the subject property and validity and enforceability of the alleged agreement etc. cannot be gone into the Constitutional petitions under Article-199 of the Constitution of Islamic Republic of Pakistan, 1973. Reliance in this context is placed on the case of Ijaz Hussain Suleri vs The Registrar and another 1999 SCMR 2381. Accordingly, this petition being misconceived and not maintainable is dismissed.

(Y.A.)  Petition dismissed