Law: Specific Relief Act, 1877

Section: 42,12,21(c),42,54

Law: Contract, Act, 1872

Section: 29

(a) Specific Relief Act (I of 1877)--- ----S.42---Declaration, issuance of---Precondition---Declaratory decree can only be passed to the effect of a pre-existing right which is being denied by some person. (b) Specific Relief Act (I of 1877)--- ----Ss. 12, 21 (c), 42 54---Contract Act (IX of 1872), S.29---Suit for specific performance of agreement to sell and declaration and injunction---Void agreement---Uncertainty of terms---Concurrent findings of two Courts below---Respondent/plaintiff filed suit for specific performance of oral agreement of sale allegedly in year 1970---Both the Courts below concurrently decided suit and appeal in favour of respondent/plaintiff---Validity---Claimwas on oral agreement allegedly reached at between parties as back as in year 1970---Particulars of land and of alleged oral agreement were not detailed in plaint, which had to be pleaded and proved---When subject agreement was void for uncertainty in terms of S. 29 of Contract Act, 1872, it could not be specifically enforced as enunciated in S.21(c) of Specific Relief Act, 1877---When respondent/plaintiff was yet to establish his right on the basis of alleged oral agreement, he could not claim a declaratory decree---Respondent/plaintiff did not lead any evidence showing that he was put in possession of suit property pursuant to alleged oral agreement between him and petitioner/defendant---Not a single word was uttered about payment of consideration amount by witnesses produced by respondent/ plaintiff---Ownership of petitioner/ defendant over disputed property was proved through unimpeachable and cogent evidence which was an admitted fact---High Court was vested with authority to undo concurrent findings of two Courts below when both the Courts below had failed to adjudicate upon the matter by appreciating law on the subject in a judicious manner and had misread evidence of parties---High Court set aside s and decree passed by two Courts below---Revision was allowed in circumstances. Muhammad Riaz and others v. Mst. Badshah Begum and others 2021 SCMR 605; Muhammad Wali Khan and another v. Gul Sarwar Khan and another PLD 2010 SC 965; Mubarak Ali and others v. Khushi Muhammad and…

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