Law: Specific Relief Act, 1877

Section: 12

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10,30

(a) Specific Relief Act (I of 1877) --------- ----------S.12 --------- Colonization of Government Lands (Punjab) Act (V of 1912), Ss.10 & 30 --------- Suit for specific performance of sale agreement --------- Allotment of tenancy rights in State land --------- Agreement in favour of plaintiff related to such land, wherein proprietary rights were yet to be conferred upon defendant --------- Suit filed against defendant and Province of Punjab decreed by Trial Court against private defendant only --------- Decree not challenged in appeal by private defendant --------- Decree set aside by Appellate Court in appeal filed by Province --------- Validity --------- Private defendant had not contested revision filed by plaintiff --------- Province was not party to such agreement, thus, plaintiff could not pray for its enforcement against Province --------- Trial Court had passed decree in terms of such agreement --------- Court could not ask private defendant to pass a better title than he himself had in suit land --------- Province had no right to file appeal for not being aggrieved by such decree, which had only declared rights in suit land in favour of plaintiff and against private defendant --------- Province, if had any objection, could agitate the same during execution of such decree --------- Appeal filed against such decree was not competent --------- High Court set aside order of Appellate Court and restored that of Trial Court in circumstances. Hakim Khan v. Aurangzeb and another PLD 1975 Lahore 1170 and Qazi Shamsur Rehman and another v. Mst. Chaman Dasta and others 2004 SCMR 1798 ref. (b) Specific Relief Act (I of 1877) --------- ----------S.12 --------- Decree in suit for specific performance of sale agreement --------- Effect --------- Such decree would declare maturity of contract between parties --------- Rights in property would be created by execution of such decree. (c) Administration of justice --------- ----------Procedural defects by court could not affect rights of a party --------- Such defects for being curable would not come to the roots of a case. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---------- Through this civil revision,…

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