Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11,O.II,R.2

Law: Specific Relief Act, 1877

Section: 12,18

Civil Procedure Code (V of 1908)-- ----O. VII, R. 11 & O. II, R. 2---Specific Relief Act (I of 1877), Ss. 12 & 18---Suit for specific performance of agreement to sell---Vendor having imperfect title---Plaint, rejection of---Scope---Earlier suit for permanent injunction was decreed and thereafter plaintiff filed suit for specific performance---Plaint was rejected under O. II, R. 2, C.P.C.---Validity---Situation which existed at the time of filing of earlier suit was same when subsequent suit was filed---Plaintiff was not entitled to sue afterwards with regard to alleged claim and plaint was rejected in accordance with law---When title of vendor continued to be imperfect then enforcement of agreement could not be claimed under S.18 of Specific Relief Act, 1877---No illegality or irregularity had been pointed out in the impugned orders passed by the Courts below---Plaintiff had no right to file subsequent suit in the wake of continued imperfect title of defendant---Revision was dismissed, in circumstances. Ismat Ara Begum through Legal heirs and another v. Malik Iftikharuddin and another 2002 YLR 2865; Shamoon and others v. Ahmad and others 1986 SCMR 888; Government of Punjab through Minister for Revenue, Board of Revenue, Lahore and others v. M/s Crescent Textile Mills Limited PLD 2004 SC 108; Ziauddin Rafi v. Muhammad Khan and others PLD 1962 W.P. 321; Sayyed Ghulam Muhammad Shah v. Sayyed Fateh Muhammad Shah PLD 1955 FC 1; Muhammad Aslam and 4 others v. Ghulam Rasool and 6 others 2002 MLD 1860 and Hafeez Ahmad and others v. Civil Judge, Lahore and others 2012 SC 400 rel. ORDER ASIM HAFEEZ, JUSTICE:---.--- This Civil Revision is directed against judgment dated 18.06.2011 by learned District Judge, Khanewal, whereby appeal of the petitioner was dismissed and the judgment and decree dated 10.01.2011 of learned Civil Judge was upheld, which rejected petitioner's plaint in exercise of power under Order VII, Rule 11, Civil Procedure Code, 1908 (C.P.C.) by invoking provisions of Order II, Rule 2, C.P.C. 2. Briefly the facts, necessary for adjudication of lis at hand, are that petitioner claimed to have entered into agreement to sell dated 24.07.1984…

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