Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Contract Act (IX of 1872, S. 2(b)(c)(e)---Suit for specific performance of agreement---"Valid agreement", defined---Unilateral offer---Scope---Oral agreement, enforceability of---Principles---Plaintiff filed suit for specific performance of agreement on basis of document that was admittedly not signed by one of the parties to the suit---Suit was dismissed and appeal against was also dismissed---Plaintiff averred in revision that oral agreement could be specifically enforced---Validity---If plaintiff sought specific performance of an oral agreement he had to prove promise made by one party and acceptance of such promise by other party---Unilateral offer not accepted by other side could not be made basis of suit for specific performance---For constitution of valid agreement there must be at least two persons i.e. promisee and promisor who had agreed with their free consent for a lawful object and legal consideration and in absence of offer and acceptance thereof, such document could not be defined as agreement---Offer and acceptance reduced into writing if had not been signed or thumb-marked by one of parties could not be termed as a valid contract enforceable under law---Revision was dismissed accordingly. Mst. Gulshan Hamid v. Kh. Abdul Rehman and others 2010 SCMR 334; Syed Ahmed through Special Attorney v. Syed Muzaffar Hussain through L.Rs. 2008 CLC 175 and Faqeer Bakhsh v. Khan Muhammad 2013 MLD 955 rel. ORDER IBAD UR REHMAN LODHI, J.---The basis of the suit for specific performance, filed by the present appellant, was a document available at page 58 of the present appeal, which was entered in the evidence during trial as Exh.P.1, and according to the learned counsel for the appellant, was an agreement in between the parties to the suit. 2. In the courts below, the plaintiff-appellant remained unsuccessful, when firstly, his suit was dismissed on 12-7-2005, and thereafter the appeal was dismissed by the learned Additional District Judge on 15-3-2006. 3. The learned counsel for the appellant, at the start of his arguments, was asked to bring Exh.P.1 into the definition of an agreement, which admittedly was not…

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