Principle of Lis Pendens

Principle of Lis Pendens Board of Revenue Case Laws Civil Law Constitutional Law Knowledge - Civil Law Knowledge - Constitutional Law Lahore High Court Lis Pendens Litigation & Arbitration Solutions - Constitutional Law Mr. Justice Shujaat Ali Khan in his judgment has decided the issue regarding principle of lis pendens in Writ Petition No. 22153 of 2012.

1. Through this petition under article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have challenged vires of orders dated 25.08.2012 and 06.09.2010 passed by the Member, Board of Revenue, Punjab, Lahore (respondent No.1) and the Executive District Officer (Revenue) Narowal (respondent No.15), respectively.

2. Unnecessary details apart, the facts, as spelt out in the instant petition, are that one Allah Ditta mortgaged his land measuring 73-Kanals & 16-Marlas, situated within the revenue estate of Mouza Bohungul Najar, Tehsil & District Narowal (hereinafter to be referred as the suit property) with Muhammad Shafi, predecessor-in-interest of the respondents No.2 to 9, for a period of 10 years, against consideration of Rs.45,000/-, through Mortgage Deed, dated 24.02.1981. Beside other conditions, it was stipulated in the said Mortgage Deed that during the currency of the mortgage the mortgagor shall not alienate the suit property in any manner. The mortgagee apprehending that the mortgagor was going to sell the suit property, filed a suit for permanent injunction which was dismissed on 30.09.1987 pursuant to a statement made by the mortgagor that he was not going to part away with the suit property. The mortgagee filed another suit for permanent injunction which was dismissed on 19.01.1988 on the ground that after dismissal of his earlier suit the subsequent suit was not maintainable. During the interregnum period the mortgagor alienated the suit property in favour of the petitioners through registered sale deed dated 20.01.1988. The mortgagee challenged sale deed dated 20.01.1988 by filing an application under Order XXI rule 32 read with section 151 CPC which was accepted through order dated 05.10.1989 and the sale deed executed in favour of the petitioners was cancelled. After having succeeded to get annulled the sale deed in favour of the petitioners, the predecessor-in-interest of respondents No.2 to 9 filed a suit for specific performance of an agreement to sell which was decreed vide judgment & decree dated 20.01.1990. As a result Sale Certificate was issued in favour of the predecessor-in-interest of respondents No.2 to 9 on the basis whereof mutation No.115 was also sanctioned on 12.02.1994.

The petitioners challenged sale certificate issued in favour of predecessor-in-interest of respondents No.2 to 9 and others by filing an application under section 12(2) CPC which was adjourned sine-die vide order dated 01.02.1993. However, subsequently the petitioners withdrew the same on 15.04.2009 after getting it resurrected. On the other hand against order dated 05.10.1989 the petitioners filed a revision petition before the Additional District Judge which they subsequently withdrew due to change in law and filed the same before this Court bearing C.R. No.1751/1994 which later on was transferred back to the District Court due to further change in law and was accepted through judgment & decree dated 20.02.1997. The judgment & decree passed by the learned revisional Court was challenged by predecessor-in-interest of respondents No.2 to 9 and others before this Court through a Constitutional Petition (W.P. No.5602-1997) but without success as the same was dismissed vide judgment dated 09.10.2002 against which the respondents filed C.P.L.A. No.3772-L-2002 before the august Supreme Court of Pakistan which too met with the same fate as the same was dismissed through order dated 06.01.2005. Consequent upon decision of the matter up to the apex Court of the country the petitioners filed an application before the Deputy District Officer (Revenue) Narowal for restoration of land in their favour which was accepted through order dated 11.05.2005 against which the respondents filed an appeal before respondent No.15 which was dismissed through order dated 08.07.2006. However, in review filed by the respondents, respondent No.15 recalled his earlier order dated 08.07.2006 and accepted the appeal filed by the respondents through order dated 26.12.2006 followed by another order dated 30.12.2006.

The petitioners assailed orders, dated 30.12.2006, in ROR No.747-2007, before respondent No.1, who decided the same on 24.09.2007 and the order passed by respondent No.15 was set aside and respondent No.14 was directed to implement the decision rendered by this Court which was further upheld by the august Supreme Court of Pakistan. Pursuant to the direction issued by respondent No.1, respondent No.14 ordered for sanction of mutation in favour of the petitioners which was accordingly done while attesting mutation Nos.307 & 308 against which the respondents filed an application before respondent No.14 which was dismissed on 30.12.2009 which order was assailed by the respondents through an appeal before respondent No.15 which was accepted vide order dated 06.09.2010. Aggrieved of the said order the petitioners filed ROR No.1900/2010 which was dismissed by respondent No.1 through order dated 25.08.2012; hence the instant petition.

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