Law:

Section:

Specific Relief Act (I of 1877) ----- -----S. 12-----Suit for specific performance-----Oral agreement-----Plaint did disclose a date on which purported agreement to sell was entered between the parties -----Nothing was on record that possession of suit property was delivered to the plaintiff-----No evidence was available with regard to payment of consideration amount-----No material irregularity had been pointed out in the s and decrees passed by the courts below-----Revision was dismissed in circumstances. Amjad Ikram v. Asiya Kausar 2015 SCMR 1 rel. THIS JUDGMENT DELIVERED BY: SHAHID KARIM, JUSTICE:----------- This revision petition is directed against the judgment and decree dated 21.4.1996 passed by the District Judge, Lodhran on appeal whereby the judgment and decree dated 30.05.1995 passed by the Civil Judge, Lodhran was set aside. 2. The relevant facts are that the petitioner/plaintiff filed a suit for specific performance of an oral agreement to sell allegedly entered into in respect of the land which has been described in the head-note of the plaint for a consideration of Rs.35,000/-. It was alleged that the petitioner had received an amount of Rs.32,000/- as earnest money and the remaining amount of consideration of Rs.3,000/- was due from the respondent/defendant. The basis for the agreement to sell was the Rappat Roznamcha Waqiati No.455 dated 25.07.1994 which was recorded in pursuance of that Rappat, mutation No.2611 dated 25.7.1994 was also sanctioned. It was averred in the plaint that since the respondent had failed to perform his part of the agreement, therefore, it had given rise to the cause of action for the filing of the instant suit. 3. The following issues were framed by the trial court:----- i. Whether the defendant agreed orally to sell the suit land to the plaintiff for a consideration of Rs.35,000? OPP. ii. Whether a sum of Rs.32,000 was paid to the defendant as earnest money by the plaintiff? OPP. iii. Whether Rappat Roznamcha Wakiati' No.455 dated 25.7.94 was got executed by the defendant in favour of the plaintiff? OPP. iv. Whether the possession of the suit property was delivered to the plaintiff in consequence of oral agreement to…

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