Law:

Section:

(a) Specific Relief Act (I of I877)--- ----S. 8---Transfer of Property Act (IV of 1882), S.53-A---Arbitration Act (X of 1940), Ss.2(b) & 14---Suit for possession by vendor---Vendee-defendant's plea that his possession over suit property for being in part performance of sale agreement was protected under law---Reference of such matter to Referee by Court---Statement of Referee to the effect that vendee for having paid earnest money was entitled to execution of sale deed on payment of balance sale price---Validity---Referee would be supposed to make statement as to matter referred to him or furnish information as required in pursuance of statements of parties---Statement of Referee would amount to admission of concerned party to extent of information furnished by him---Referee could not decide matter as Arbitrator under S.14 of Arbitration Act, 1940 and his statement would not amount to award within meaning of S.2(b) thereof---Referee was supposed to furnish information about factual position qua suit agreement---No suit for specific performance of agreement was pending between parties, thus, Referee had exceeded terms of reference by observing that vendee was entitled to transfer of property on payment of balance sale price---Vendee was not entitled to decree for specific performance in terms of such statement of Referee. Ghulam Farid Khan v. Muhammad Hanif Khan and others 1990 SCMR 763 and Nazir Ahmad and others v. Muhammad Qasim and others 2004 SCMR 1292 rel. (b) Arbitration Act (X of 1940)--- ----Ss. 2(b) & 14---Statement of Referee in Court regarding matter referred to him---Evidentiary value stated. The statement of the Referee amounts to admission of the concerned party to the extent of information furnished by such person, but he is only supposed to make the statement as to the matter referred to him or to furnish information as required in pursuance of the statement of the parties. He cannot decide the matter as is done by an Arbitrator under section 14 of the Arbitration Act, 1940. His statement does not amount to award within the meaning of section 2(b) of the Act. Ghulam Farid Khan v. Muhammad Hanif Khan and others 1990 SCMR 763 and Nazir…

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