Law:

Section:

Contract Act (IX of 1872)-----S.2---Specific Relief Act (I of 1877), S.12---Constitution of Pakistan (1973), Art.185(3)---Agreement between parties, wherein, vendee had agreed to re-convey the property to the vendors as soon as they themselves had raised the money--­Such agreement was a unilateral offer by the vendee to vendors, containing no indication that such offer was accepted by the vendors, for none of them had signed that "Iqrarnama" in token of its acceptance---Contents of "Iqrarnama" showed that no specific reference was made therein to the exact consideration for the agreement---Such "Iqrarnama" was no more than a proposal because unless the person to whom the offer was made signified his willingness to accept it, the proposal would not in law, ripen into an agreement---Only an "agreement" cart be enforced by a suit for specific performance---"Iqrarnama" qualified as an agreement would have the effect of creating a legal relationship between the parties so as to give rise to jural, as opposed to moral, obligations and then only would a suit for specific performance be maintainable on its basis---Suit to specifically enforce "Iqrarnama" not qualifying to be an agreement, would not be competent---Judgments and decrees of Courts below based on such "Iqrarnama" were thus set aside on acceptance of appeal. Habibullah Khan v. Muhammad Ishaq and others P L D 1966 S C 505 distinguished. JUDGMENT NASIM HASAN SHAH, J.--This appeal, by leave of this Court, is directed against the judgment, dated 28-6-1980 passed by the Lahore High Court, Lahore in R.S.A. No.105 i of 1978. The relevant facts briefly stated arc as follows: The respondents herein filed a suit on 3-1-1977 in the Court of the Senior Civil Judge, Sheikhupura, for possession of land, measuring 26 kanals 13 marlas situated in Chak No.5/RB Rattian, Tehsil and District Sheikhupura, through specific performance of an agreement to sell, dated 24-7-1953 against the appellants herein. It was, inter alia, averred therein that the aforesaid land was previously owned by respondent Nos.3 and 4 and two other persons namely Siraj Din and Ismail (both since dead), the predecessor-in-interest of the remaining…

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