Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 12, 14, 15 & 17---Suit for specific performance of agreement---Suit earlier filed by plaintiff was decreed by Trial Court holding that plaintiff had proved execution of agreement of sale in his favour by defendant and the receipt of part payment by him, but on filing appeal, and decree passed by Trial Court was set aside by Appellate Court on ground that as defendant had not acquired proprietary rights in respect of land in dispute suit filed by plaintiff was premature---Appellate Court below in circumstances had not reversed findings of Trial Court regarding execution of agreement of sale and receipt of part payment by defendant---Plaintiff in suit by producing scribe of agreement and marginal witness and also Bank record pertaining to cheques issued by him in name of defendant for sale of price of land, had proved execution of valid sale agreement and payment of price thereof---Minor discrepancies in statement of said witnesses could be ignored in view of fact that they were made to testify in respect of said transaction after twenty-five years---Statement of plaintiff, who was cross-examined by defendant, remained firm and in line with plaint and defendant had failed to prove that plaintiff could not abide by terms of agreement--­Appellate Court below, in circumstances, had rightly decreed suit after setting aside and decree passed by Trial Court. Habibullah v. Mehmood 1984 CLC 309 and Ali Nawaz Gardezi v. Muhammad Yousaf PLD 1963 SC 51 ref. JUDGMENT This case has a chequered history. In order to seek specific performance of an agreement to sell, dated 23-1-1968 stated to have been executed by the petitioner in his favour, the respondent filed a suit on 19-1-1974. The suit was resisted by the petitioner with a denial of execution of the said agreement. Following issues were framed by the learned Civil Judge seized of the suit:-- (1) Whether the defendant agreed to sell the suit land to the plaintiff? (2) Whether defendant received Rs.1,700 as part payment? (3) How much amount the plaintiff has paid towards the total payment? (4) Whether the suit is not competent in the present form? (4-A) Whether the suit…

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