Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3,S.115

Law: Civil Procedure Code (V of 1908)

Section: O.XVII,R.3,S.115

(a) Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), O.XVII, R.3---Suit for possession through specific performance---Trial Court closed plaintiff's right to produce evidence and dismissed the suit---Appellate Court dismissed appeal---Validity---Court under S.115, C.P.C., could look into enforcement of an agreement sought to be performed through the suit . for specific performance---Trial Court allowed sufficient opportunities to plaintiffs to produce their evidence---Plaintiffs were not in possession of any portion of suit land---Facts narrated in the plaint did not raise any possibility of enforcement of the agreement in favour of plaintiffs, therefore, remanding the case and forcing the parties to again start the proceedings would not be just and appropriate---Revision was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ---S. 175---Specific Relief Act (I of 1877), S.12---Revisional jurisdiction---Scope---Court, in exercise of jurisdiction under S.115, C.P.C., could look into enforcement of an agreement sought to be performed through the suit for specific performance. Javaid Akhtar Nawaz v. Mehr Kabir 1990 CLC 1122 distinguished. Qutab-ud-Din v. Gulzar and 2 others PLD 1991 SC 1109; Mst. Ghulam Hamid v. Kh. Abdul Rehman 2010 SCMR 334 and Burmah Eastern Ltd. v. Burmah Eastern Employees, Union and others PLD 1967 Dacca 190 ref. Maulvi Abdul Aziz Khan v. Mst. Shah Jahan Begum and 2 others PLD 1971 SC 434 and Abdul Shakoor and others v. Province of the Punjab and 4 others 2005 SCMR 1673 fol. Ch. Ali Muhammad for Petitioners. Ch. Mushtaq Ahmad Khan and Abid Hassan Minto for Respondents. Date of hearing: 18th January, 2011. JUDGMENT NASIR SAEED SHEIKH, J.--- The petitioners Nos.1 and 2 along with Mrs. Maneck J. King widow, are the legal representatives of late Jivanji F. King. The petitioners Nos.1 and 2 along with Mrs. Maneck J. King instituted a suit for possession through specific performance of an agreement dated 31-7-1970 with a prayer of permanent injunction before the Senior Civil Judge, Lahore on 5-2-1983. The original defendant'No.1 Aziz-ur-Rehman and the original defendant No:7 Maryam Khatoon died during…

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