Law: Specific Relief Act, 1877

Section: 12,42

Law: Registration Act, 1908

Section: 17,49

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17,O.VII,R.11

Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O.VI, R.17 & O.VII, R.11---Agreement to sell---Suit for declaration, permanent injunction and possession---Decree for specific performance, grant of---Plaint, rejection of---Scope---Trial Court rejected the plaint with the observation that suit was not maintainable---Validity---Plaintiffs sought declaration and possession on the basis of agreement to sell---Plaintiffs entered into agreement to sell with the defendants and they were entitled for grant of decree for specific performance---Defendants had no objection to the form of suit---If decree was passed then same would be specifically for specific performance of contract subject to payment of all the required fee for its registration---One of the defendants was minor who had been represented by guardian ad-litem---Final transaction did not mention the name of minor and remaining defendants never sold out their shares in the legacy---Decree for declaration for specific performance would not affect the right of all the legal heirs of the deceased---Plaintiffs could introduce prayer for specific performace through amendment in the plaint---Prayers for possession and recovey of rent did not fall within the ambit of O.VII, R.11, C.P.C.---Impugned order passed by the Trial Court was set aside---Parties were directred to appear before the Trial Court for further proceedings in accordance with law---Appeal was allowed 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 and Sher Khan through LRs. v. Gul Zar Khan 2016 CLC 663 rel. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.- Having look out of as to bunch of the facts like resume to Paras. 1 to 5 of the earlier order of this Court dated 05.04.2017, its extracts are:- In a titled suit "Muhammad Jan and others v. Gul Shehzada and others" the following prayers were set for obtaining favourable decree, these…

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