Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O.XII, R. 6--Requisite adjustment--Court is empowered to pass a on the basis of admission of facts made by the parties to their pleadings, at any stage of proceeding--In the case in hand admission of the petitioner was specific, clear, unambiguous categorical and definite--Trial Court rightly granted decree under Order XII Rule 6 CPC--Petition dismissed. [P. 390] A 2003 SCMR 1261. Order Iftikhar Muhammad Chaudhry, CJ.--This petition for leave to appeal has been filed against the judgment dated 7th September 2006 passed by Lahore High Court, Lahore whereby RFA filed by petitioner has been dismissed. 2. Precisely stating facts of the case are that the petitioner/defendant, who is owner of land measuring 2 kanal, as described in the plaint, entered into agreement of sale of the said land in favour of respondent/plaintiff on 4th February 2003 for a total consideration of Rs. 11,000,000/-. Out of the total sale consideration, a sum of Rs. 1,000,000/- was paid by the respondent/plaintiff as earnest money at the time of execution of the agreement. As the suit land came under the scheme known as M.A. Johar Town, Lahore, as such it was agreed between the parties that the petitioner/defendant would obtain adjustment etc. of the land in question from the Lahore Development Authority and thereafter transfer the same to the respondent/plaintiff and receive the balance agreed consideration. Subsequently, on 27th May 2003 an additional agreement was executed between the parties and petitioner/defendant received further Rs. 1,700,000/- from the respondent/plaintiff. The remaining amount of Rs. 8,300,000/- was to be paid by the respondent/plaintiff on completion of document and transfer of the suit land. The petitioner/defendant also handed over the possession of the land in dispute to the plaintiff as per the agreement. Later, on the failure of the petitioner/defendant to execute the sale-deed and to inform the respondent/plaintiff about adjustment of the land in question by the Lahore Development Authority, the respondent/plaintiff filed a suit for specific performance against the petitioner/defendant on the ground that…

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