Law:

Section:

Specific Relief Act (I of 1877)------S. 12---Civil Procedure Code (V of 1908), S.115---Suit for specific performance of contract---Execution of agreement arrived at between the patties had fully been proved by plaintiff by producing oral as well as documentary evidence on record---Trial Court on the basis of evidence on record decreed the suit, but Appellate Court reversed the and decree of Trial Court and dismissed the suit---Judgment of Appellate Court suffered from misreading as well as failure on its part to read the evidence on record---High Court, in exercise of its revisional jurisdiction, set aside and decree passed by Appellate Court and restored that of trial Court. JUDGMENT This judgment shall decide Civil Revisions Nos.431 of 1996 and 738 of 1997 as both these civil revisions proceed against a common judgment. 2. On 22-12-1988 the petitioner filed a suit against the respondents. In the plaint it was stated that 100 Kanals of suit-land was allotted to Muhammad Ismail, the predecessor-in-interest of the respondents under 15 Years Scheme; that the proprietary rights have since been conferred anti the conveyance deed had been executed in favour of the respondents on 8-6-1988; that Ismail had agreed to sell the suit-land to the petitioner and an agreement was executed on 1-12-1973; that the terms of the agreement Were that the petitioner would get a tubewell installed on the suit-land which was uneven and Banjar; that both the parties shall jointly cultivate the land in shall share the expenses and the produce; that the petitioner shall share the expenses for getting the ownership rights. Thereafter, the half of the land would be transferred to the petitioner; that acting under the terms of the contract the petitioner got a tubewell installed and made efforts for the completion of ownership proceedings and spent a sum of Rs.74,052 from his own pocket; that total amount spent for the purpose was Rs.83,412 and that half of this amount is Rs.41,706, which the respondents are bound to pay; that after the death of Muhammad Ismail respondent No.2 on 28-1-1987 also executed an agreement in his favour to acknowledging fulfil the terms of the earlier agreement;…

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