Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Constitution of Pakistan, Arts. 24 & 172---Qanun-e-Shahadat (10 of 1984), Art. 117 & 120---Suit for specific performance of agreement to sell---Requirements--- Ownerless property---Execution of document---Onus to prove---Plaintiff claimed to have entered into agreement to sell with defendant for suit property---Validity---In order to succeed in a Court of law for specific performance of agreement, plaintiff had to prove execution of agreement through a strong, consistent and cogent evidence independently and he could not succeed in obtaining decree solely on the basis of weakness, lacuna and total absence in or of the defence---Court, in the present case, was satisfied that none was known to the Court for having any right or entitlement in suit property, in such situation the Court was required to find out the actual owner/or his/her legal heirs before holding that suit property was escheatable---High Court imposed cost upon the plaintiff who had been in illegal possession of suit property since year, 2009---Suit was dismissed, in circumstances. Chilya Corrugated Board Mills Ltd., v. M. Ismail 1992 CLC 2524 and Muhammad Aslam Khan v. Muhammad Anwar Khan 2002 CLC 22 rel. JUDGMENT NAZAR AKBAR, J.---Plaintiff has filed this suit for specific performance of an agreement to sell dated 29-6-2009 against defendant No.1 (Muhammad Dawood Khan) owner and defendant No.2 an estate agent namely Naeem Ahmed proprietor of Messrs Hakeem and Company in respect of property bearing House No.R1740, measuring 120 sq. yards, Block No.15, Khudadad Colony, Gulshan-e-Mustafa, Federal B Area, Karachi, (hereinafter the suit property) and in the alternate to compensate the plaintiff and his attorney by an amount of Rs.800,000 as penalty agreed under renewal of agreement of sale dated 21-12-2009. 2. Brief facts of the case are that the plaintiff entered into an agreement to sell dated 29-6-2009 to purchase the suit property of defendant No.1 which was negotiated through defendant, No.2 who is a real estate agent and 10% advance of Rs.370,000 was paid to defendant No.2 on 28-6-2009 against a receipt issued by defendant No.2 and next day…

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