Law:

Section:

Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance of contract---Plaintiff had discharged the onus with regard to proving the issues---Defendants had failed to lead evidence---Written statement filed by the defendants was discarded---Evidence led by the plaintiff was un-rebutted---Suit of the plaintiff was maintainable---Plaintiff was entitled to the relief prayed for in the prayer clauses of the plaint---Suit of plaintiff was decreed in circumstances. Faqir Muhammad v. Abdul Moin PLD 2003 SC 594 and Muhammad Bashir v. Iftikhar Ali PLD 2004 SC 465 rel. JUDGMENT SYED SAEEDUDDIN NASIR, J.---This is a suit for declaration, specific performance, possession, mesne profit, cancellation and permanent injunction, filed by the plaintiff against the defendants with following prayers:-- (i) Grant a declaration that the plaintiff No.1 has performed her part of the Agreement and is the lawful owner of the Plot i.e. bearing No. E-6, situated in North Western Industrial Zone Bin Qasim, Karachi, admeasuring one acre. (ii) Grant a declaration that the plaintiff No.1 is entitled to collect/receive all previous generated mesne profit from the Plot since the execution of the agreement. (iii) Grant mandatory injunction directing the defendants Nos. 1 to 5 to perform their part of the agreement i.e. file proper Succession Certificate/Letter of Administration with the defendant No.6. (iv) Grant mandatory injunction directing the defendants Nos.1 to 5 to hand over peaceful physical vacant possession and original documents of the Plot i.e. bearing No. E-6, situated in North Western Industrial Zone, Bin Qasim, Karachi admeasuring one acre. (v) Grant mandatory injunction directing the defendants Nos.1 to 5 to clear all charges/dues/taxes bills of the defendant No.6 or any other entity on the Plot i.e. bearing No. E-6, situated in North Western Industrial Zone, Bin Qasim, Karachi, admeasuring one acre. (vi) Grant mandatocy injunction directing the defendant No. 6 to transfer/mutate the Plot. (i.e. bearing No. E-6, situated in North Western Industrial Zone, Bin Qasim, Karachi admeasuring one acre) in favour of the plaintiff No.1. (vii) Grant a permanent injunction…

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