Law: Specific Relief Act, 1877

Section: 42

Law: Contract, Act, 1872

Section: 73

Specific Relief Act (I of 1877)--- ----S. 42---Contract Act (IX of 1872), S. 73---Suit for declaration and damages---Compensation for loss or damage caused by breach of contract---Scope---Plaintiffs purchased a property from the defendant---Later on, another person filed a suit against defendant for redemption of the property---Suit was decreed throughout---Plaintiffs filed a suit for declaration and sought recovery of latest value of suit property, cost of improvements that they had made on the property and costs of defending the suit filed by said person---Trial Court partially decreed the suit---Validity---Plaintiffs had failed to substantiate the market value of the disputed land, however sale deed was proved as such original sale amount as determined in the year 1986 was rightly decreed---Plaintiffs had also failed to prove the costs of maintenance and improvements as such the claim of plaintiffs upto the extent of renovation charges was baseless---Claim regarding the costs to defend the suit was accepted as per claim since 1991 till 2007 by the Trial Court---Judgment and decree passed by Trial Court was upheld---Appeals were dismissed. JUDGMENT RAJA SHAKEEL AHMAD, JUSTICE:---.--- The above captioned cross appeals bearing number C.F.A. No. 87/2020 and C.F.A. No. 10/2021 are the result of one and the same judgment and partial decree dated 13/10/2020 passed by the learned trial Court in Civil Suit No. 90/2010 for recovery of an amount along with compound interest, as such we are of the considered opinion to dispose both the above mentioned cross appeals through this single judgment. 2. The brief of Civil Suit bearing No. 90/2010 mentioned in detail in the impugned judgment passed by the learned trial Court. Precisely, the predecessor-in-interest of plaintiffs entered in a written agreement with the defendants dated 12.08.1986 and purchased land bearing Khasra No. 1010 measuring 3 kanals, whereon 2 residential houses were constructed in consideration of Rs. 3,00,000/-, which the defendant No.1 has purchased from one Muhammad Sharif through an agreement dated 10.06.1981 and the same was accepted. Subsequently, one Muhammad Sharif filed a suit against the…

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