IN THE
COURT OF SESSION JUDGE LAHORE.
Mian Tahir
Javaid son of Ashiq Hussain
Javaid resident of Rehman abad
Thsil Safdar abad district Sheikhpura
Versus
1. Rana Khalid Majeed son of Rana Abdul Majeed Khan resident
of House No 5
Street No 5 – A Islam nagar Shahadara
Lahore.
2.
Mr Khurram Khan Virk learned Magisterate Lahore.
Revision
Petition under section 476 / A cr. p.c for set aside the
order Dt . 27 – 03 – 09 and grant the superdari of vehicle car No LEA – 1467 Toyota Corrolla
to the petitioner being the legal owner of the above said car under the
relevant provision of law
May it please your honour ,
1.
That the
petitioner is a law abiding citizen of Pakistan and has very good antecendent in his credit and never involve in any criminal
case.
2.
That the
petitioner purchased a car No LEA . 1467 from the
respondent No 1 with the consideration of Rs 360 , 000 / - and paid the total
amount at the spot in the presence of the witnesses transfer deed . Authority Letter . Bahmee Muaheeda .
are annexed with this petition . As annexture A . B. C.
3.
That the above
said car was bank leasing and the petitioner issued cheques
to the name of the bank and handed over that cheques
to the respondent No. 1 and took possession of the car on the same day i.e. 1 –
2 – 08 .
4.
That the
petitioner deposited the bank installments of the above said car regularly , copies of installment recipts
As annex. D . are annexed
with the plaint.
5.
That the above
said car was in the used of the petitioner , but
unfortunately a road accident took place on 24 – 8 – 08 . at
sargodha and car was detained in the police station satellite town sargodha .
6.
That the car was
on the name of the respondent No . 1 so the petitioner
approach the respondent No 1
and requested him to allow the superdari
to the petitioner , which request was accepted by the respondent .
7.
That the
respondent No 1alongwith the petitioner approached the honourable court of sargodha for the superdari of the
above said car , but the respondent No 1
detectfully and after traping
the petitioner took the car from the police station on superdari
without any lawful excuse .
8.
That when the
petitioner came to know about the high handed ness of the respondent No 1. he tried his level best to trace the respondent No 1. but the respondent No 1. did not
join or contact or to receive the call of the petitioner .
9.
That the
respondent No 1 again sold out the above said car or play drama to another person namely Rana Shahid Mehmood
son of Abar Ali Khan , while the respondent No 1 was
legally not empower to do such kind of unlawful act .
10.
That an occurance took place between the respondent No 1 and the Rana Shahid Mehmood , so the police took
the possession of the car under section 550 cr. p. c.
11.
That when the
petitioner came to know about the high handed ness of the respondent No 1 he
filed an application for superdari of the above said
car . and the respondent No 1 also filed an
application of superdari before the respondent No 2.
12.
That the
respondent No 2 after hearing both the parites ,
ordered to approach the honourable civil court for the appropriate order ,
which is against the law and facts.
Under
the circumstances it is most respectfully prayer that respondent no 2 be directed that pass an
order and direct the respondent no 1to deliver the said vehicle to the
petitioner as he is the real honour of the car
Petitioner
Through
: -
Muhammad Abid Mughal,
Advocate High Court,