Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance of agreement---Agreement to sell---Scope---Agreement to sell did not confer any right in the property---Such document could only be utilized for procuring sale deed by filing suit for specific performance. Ch. Liaqat Ali v. Mirza Abdul Aziz and 3 others 2001 CLC 1502; Hameedullah and 2 others v. Muhammad Hussain and 2 others 2006 SCR 183; Muhammad Siddique and 6 others v. Abdul Aziz Ratalvi and 7 others 2016 YLR 612 and Muhammad Siddique Khan and another v. Zareen Khan 2016 SCR 1712 rel. THIS ORDER PASSED BY: RAZA ALI KHAN, JUSTICE:---.--- The captioned appeal has been filed against the judgment and decree recorded by the learned Reference Judge Mangla Dam Raising Project Mirpur on 31.01.2008, whereby reference filed by appellants herein, has been dismissed. Precise facts of the case are that besides other land, land comprising survey No. 149 renumbered as 199 measuring 3 kanals 9 marlas situated at village Lakhora Tehsil Mirpur was acquired by the Collector Land Acquisition vide Award No. 66/07. The appellants herein, filed a reference under section 18 of the Land Acquisition Act before Collector Land Acquisition stating therein, that land comprising survey No. 149 renumbered as 199 measuring 3 kanals 9 marlas situated at village Lakhora Tehsil Mirpur was purchased by their grandfather through agreement to sell dated 28th Magh 2001 and since then the land is in their possession , hence, they are entitled to receive the compensation of the said land. It is further contended that compensation has wrongly been awarded to the Custodian being owner of the land. The reference was sent to learned Reference Judge Mangla Dam Raising Project Mirpur. The learned Reference Judge sought objections from the other side and framed issues in light of the pleadings of the parties. The parties were provided an opportunity to lead evidence in support of their respective claim. At the conclusion of the proceedings the learned Reference Judge through the impugned judgment and decree dated 30.01.2008 dismissed the reference for want of proof. Feeling dissatisfied appellants herein, filed appeal before this…

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