Law: Specific Relief Act, 1877

Section: 12,22

Specific Relief Act (I of 1877)--- ----Ss. 12 & 22---Suit for specific performance of contract---Both plaintiff and defendants filed suit for specific performance of contract regarding the same land and same owners---Trial Court dismissed the suit of plaintiff and suit of defendants was decreed to the effect that they were entitled to get double of the earnest money as specific performance of agreement to sell was not possible---Appellate court, however, decreed the suit of defendants---Validity---Plaintiff became absolute owner of suit property after admission of agreement to sell and sale-deed by the owners of the land in his favour---Sale-deed was executed by all the owners in favour of plaintiff and they also admitted the receipt of consideration amount---Defendants had failed to bring on record any evidence that sale-deed was not executed by the owners of suit property in favour of plaintiff---Agreement to sell allegedly executed in favour of defendants did not contain their signatures---Out of two marginal witnesses of agreement to sell only one had been produced in the court---Agreement to sell in favour of defendants had not been proved---Plaintiff was in possession of the suit-land and agreement to sell in favour of defendants was not executable and they were entitled double of the amount paid to the owners of the land---Trial Court had exercised the discretion judiciously and properly---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---Revision was accepted in circumstances. Hafiz Tassaduq Hussain v. Muhammad Din through Legal heirs and others PLD 2011 SC 241; Zafar Iqbal and others v. Mst. Nasim Akhtar and others PLD 2012 Lah. 386; Muhammad Yousaf v. Muhammad Ramzan and another 2010 YLR 3222; Iftikhar Saleem v. Shafa-ul-Haq 2013 YLR 2345; Mst. Safia Begum v. Muhammad Ajmal 2007 YLR 3030; Tahir Hussain Malik v. Mst. Najma Rafi 1995 SCMR 1407; Abdul Hameed Khan and 2 others v. Mst. Fateh Bibi and 6 others 2003 MLD 410; Farman Ali v. Muhammad Ishaq and others PLD 2013 SC 392; Province of Punjab through Collector Toba Tek Singh and others 2012 SCMR 1942; Hafeez Ahmad and others v. Civil Judge,…

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