Law: Specific Relief Act, 1877

Section: 12,21

Specific Relief Act (I of 1877)--- ----Ss. 12 & 21---Suit for specific performance of agreement---Exchange agreement---Plaintiff filed suit for implementation of agreement for exchange of suit property which was decreed---Validity---Suit property was not in the name and possession of defendants at the time of execution of alleged agreement---Defendants were not party to the impugned agreement---Alleged agreement was not specifically enforceable against the defendants---Courts below had committed material illegalities and irregularities while decreeing the suit---Defendants were not competent to execute any agreement with the plaintiff in circumstances---Suit was not maintainable against the defendants---Impugned s and decrees passed by the Courts below being not sustainable were set aside---Suit filed by the plaintiff was dismissed---Revision was allowed accordingly. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- This judgment disposes of instant amended petition filed by the petitioners Arbab Muhammad Afzal son of Arbab Ghulam Nabi and another, against the judgments and decrees dated 31-07-2012 and 30-07-2013 (hereinafter referred as, "impugned judgments and decrees") passed by the Civil Judge-II, Quetta (referred hereinafter as "the trial Court") and by the Additional District Judge-I, Quetta (referred hereinafter as "the appellate Court") respectively, whereby the suit of respondents/plaintiffs was accepted and appeal of the petitioner has been dismissed. 2. Brief facts arising from the instant amended petition are that the predecessor of respondents filed a Civil Suit for Specific Performance before the trial Court with the averments that respondents/plaintiffs are the owners of the property consisting upon 2 Qitas measuring 5 rod, 10 pols bearing Khasra No.1136/238 measuring 14 Rods, 10 Poles situated at Mohal Chashma Tirkha, Mouza Tirkha Kansi, Tappa Saddar, Tehsil and District Quetta. The petitioner/defendant No.1 also owned landed property bearing Khasra No.346 measuring 8 Rods, 2 Poles situated at Mohal Chashma Tirkha, Mouza Tirkha Kansi, Tappa Saddar, Tehsil and District Quetta. Both the parties mutually exchanged their properties in 1993.…

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