Law: Suits Valuation Act, 1887

Section: 11

Law: Suits Valuation Act, 1887

Section: 11

Specific Relief Act (I of 1877)--- ----Ss. 12 & 44---Civil Procedure Code (V of 1908), O.XL, R.1---Constitution of Pakistan, Art.199---Constitutional petition---Suit for specific performance of contract---Appointment of receiver---Plaintiffs along with suit, filed application for appointment of receiver---Trial Court declined application for appointment of receiver, but defendants were directed to furnish security equivalent to the alleged consideration amount---Validity---When defendants were owners of suit property; and no right in the suit property had been declared or created by any order or decree of the court, application for appointment of receiver was not competent---Relief granted to the plaintiffs by imposing a condition on defendants to furnish security equivalent to the alleged consideration was also without jurisdiction---Agreement to sell did not create a right or interest in the suit property, except a right to file a suit for specific performance---Jurisdiction exercised by the Appellate Court, while dismissing the revision petition was also without jurisdiction---Orders passed by the courts below, being without jurisdiction, High Court, under constitutional jurisdiction, had powers to scrutinize and see their validity---Order passed by the Trial Court and that by Appellate Court, were quashed---Application for appointment of receiver moved by the plaintiffs, would be deemed to be dismissed in toto, in circumstances. Sh. Karim-ud-Din for Petitioners. Murad Ali Malik for Respondents. ORDER AMIN-UD-DIN KHAN, J.--- Through this single judgment, I intend to dispose of Writ Petition No.1874 of 2011 and Writ Petition No.1941 of 2011 as common questions of law and facts are involved and both the writ petitions have arisen from one and the same order. 2. The brief facts of the case are that respondents Nos. 1 to 4 filed al suit for Specific Performance against the petitioners on the basis of an affidavit dated 8-6-2005 allegedly to be an agreement to sell of the suit property. Along with the suit an application for appointment of receiver has been filed by the plaintiffs. The suit was resisted by filing written statement. The defendants/petitioners…

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