Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance---Agreement to sell ---Respondent filed suit for specific performance of agreement to sell ---Signatures of respondent were not found on agreement to sell ---Validity ---Agreement to sell was a unilateral agreement and under law unilateral agreement was not an agreement, so it could not be enforced despite its admission by co-respondents ---Revision was allowed and and decree passed by trial court and appellate court were set aside, in circumstances. Mst. Barkat Bibi and others v. Muhammad Rafique and others 1990 SCMR 28; Munir Ahmad v. Muhammad Ramzan Sheikh and another 2014 YLR 191; Sher Shah v. Muhammad Suleman and 2 others 2013 YLR 1017; Farzand Ali and another v. Khuda Bakhsh and others PLD 2015 SC 187 and Mst. Gulshan Hamid v. Kh. Abdul Rehman and others 2010 SCMR 334 rel. ORDER CH. MUHAMMAD IQBAL, J.---Through this civil revision, the petitioners have challenged the judgment and decree dated 5-10-1996 passed by learned District Judge Lodhran whereby the appeal of the present petitioners against the judgment and decree dated 6-11-1995 passed by learned Civil Judge was dismissed. 2. Brief facts of the case are that the respondents/plaintiffs filed a suit for specific performance of agreement to sell dated 16-7-1981 (Ex.P.1) in respect of land measuring 26-Kanals 18 Marlas bearing khewat No. 136/120 khasra Nos.150/20/1, 21, 22, 151/16, 17, 18/1, 23/1, 24/25, 166/4/1 4/2, 5,167/20, 1, 10, 11, 21/1, 2 situated in Mauza Kotha Auttera Tehsil and District Lodhran for a total consideration of Rs. 38500 which according to respondents/ plaintiffs Mst. Ghulam Ruqiya received the total consideration amount and executed agreement to sell dated 16-7-1981 in their favour. The petitioners/defendants appeared before the learned trial Court, filed contesting written statement and raised several preliminary objections. The learned trial Court from the divergent pleadings of the parties framed the following issues. (1) Whether the defendant No.1 agreed to sell the disputed property to the plaintiffs at a cost of Rs. 38,500? OPP (2) Whether the defendant No.1 received Rs. 38500 as sale price of the…

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