Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement---Description of property---Scope---Nothing was on record to infer as to from which khata, Khasra number or the kind of ownership either Shamilat or otherwise the plaintiff had sought path in lieu of agreement---No Aks Shajra Khishtwar or Khaka Tasveri had been produced from which it could be deduced that such portion of property the plaintiff sought to be mutated in his favour---Case could not be decided in vacuum---Appointment of local commission was necessary to bring on record the factual spot position of the suit property---Case was remanded to the Trial Court for amended plaint and decision afresh in accordance with law---Impugned s and decrees passed by both the courts below were set aside---Plaintiff was allowed to submit amended plaint by giving full description of suit property---Both the parties could produce further evidence if they desired---Trial Court could appoint local commission if so needed---Revision was allowed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- The petitioner has called in question the judgment and decree dated 13.07.2011 of learned Additional District Judge-I, Karak and that of dated 12.06.2003 of learned Civil Judge, Karak, whereby suit of petitioner was concurrently dismissed. 2. Brief facts of the case are that petitioner/ plaintiff instituted a suit against, the respondent/ defendant seeking decree for specific performance of agreement dated 25.05.1998, whereby it was agreed that the landed property belonging to the petitioner measuring 1 kanal 16 marlas inadvertently transferred in the name of the father of the respondent shall be returned to the petitioner by correction in revenue record. Beside that the market belonging to the parties wherein 5 shops are the ownership of petitioner, the respondent shall not intervene in the right of use and provide path of 10 feet in width in front of the said shops. Moreover, a sum of Rs.7250/- outstanding as loan against the respondent was also agreed to be returned to the petitioner, but in spite of repeated demands, the respondent did not abide by the…

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