Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Registration Act, 1908

Section: 17,49

Law: Specific Relief Act, 1877

Section: 12,42,54

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11---Specific Relief Act (I of 1877), Ss. 12, 42 & 54---Agreement to sell---Suit for declaration, permanent injunction and possession---Maintainability---Plaint, rejection of---Scope---Defendants moved application for rejection of plaint on the ground that suit for declaration on the basis of contract of sale between the parties was not competent---Application for rejection of plaint was accepted concurrently---Validity---Plaintiff had sought decree for declaration and permanent injunction on the basis of agreement to sell---Sale agreement was for consideration of Rs. 15,00,000/- and its registration before Registrar was mandatory---Sale agreement in question was not registered and no sale had been completed---Suit for declaration on the basis of sale agreement was not competent except that plaintiff was in possession under enforceable contract of sale---Plaintiff could not seek declaration and only course available for him was to file a suit for specific performance for completion of sale---Plaint had rightly been rejected in the present case---Revision was dismissed in circumstances. Muhammad Saeed v. Nahid Shagufta and 3 others PLD 1990 Lah. 467; Khalid Khan v. Haji Muhammad Anwar 2015 YLR 1845; Gohar Rehman v. Riaz Muhammad 2011 YLR 888; Muhammad Iqbal and others v. Mst. Baseerat and others 2017 SCMR 347; Noor Din and another v. Additional District Judge Lahore and others 2014 SCMR 513; Sher Khan through LRs v. Gul Zar Khan 2016 CLC 663 and 2000 CLC 1546 rel. THIS ORDER PASSED BY: MOHAMMAD IBRAHIM KHAN, J.--- With the preface of a suit by Muhammad Shoaib Plaintiff (hereinafter called the Petitioner) for obtaining declaration with regard to a house, the boundaries of which are given along with a Hujra stating its boundaries to have been purchased by an agreement to sell dated 02.08.2004 from Haji Mehronesh Khan the predecessor of Defendants (hereinafter called the Respondents) to the exclusion of anyone else. There are other prayers of obtaining permanent injunction and cancellation of an agreement to sell dated 11.12.1994 and Hiba Nama dated 04.01.2010 by the said Haji Mehronesh Khan in favour of his…

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