Law:

Section:

Transfer of Property Act (IV of 1882)--- ----S.54---Specific Relief Act (I of 1877), S.12---Suit for specific performance of agreement to sell---Condition for receiving an amount double of the earnest money---Effect---No condition existed in the agreement to sell that in case of failure of the vendor the vendee would be entitled for decree of specific performance---Had there been a condition in the agreement to sell then vendee would have been entitled to file a suit for specific performance---Vendee was only entitled for receiving an amount double of the earnest money which was paid to the vendor---No cause of action for filing suit for specific per-formance was available to the plaintiff---Agreement to sell did not confer a right in a party in the property---Such document could only be utilized for procuring another document---Impugned s and decrees passed by the Courts below were set aside and suit filed by the plaintiff was dismissed---Appeal was accepted in circumstances. Sardar Muhammad Sarwar Khan and 2 others v. Muhammad Nawaz Khan 2012 MLD 1440 rel. THIS JUDGMENT DELIVERED BY: MOHAMMAD AZAM KHAN, CHIEF JUSTICE ----------- The titled appeal with leave of the Court arises out of the judgment and decree of the High Court dated 21st January, 2013, whereby the appeal filed by the appellants, herein, has been dismissed. 2. Respondent No.1 filed a suit for specific performance on the basis of agreement to sell executed on 18th February, 1997 by one Feroze Din in respect of the land measuring 5 kanal, 18 marla, bearing survey Nos. 1012, 1013, 1014, 1027 and 1028, situate in village Jamalpur Aghar, Tehsil Kotli. After necessary proceedings the Additional District Judge Kotli passed a decree for specific performance of agreement. Dissatisfied from the judgment and decree of the Additional District Judge, the appellants, herein, filed an appeal in the Azad Jammu and Kashmir High Court. The learned Chief Justice in the High Court dismissed the appeal vide impugned judgment on 21st January, 2013 hence this appeal by leave of the Court. 3. Mr. Muhammad Ayub Sabir, Advocate, the learned counsel for the appellants, argued that the judgment and decree of the High Court…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492