Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement to sell property---Court, in law, cannot enlarge the scope of suit to give a finding in respect of another sale agreement executed between the other parties, who are stranger to the sale agreement sought to be enforced---Principles. Shehzad Shaukat, Advocate Supreme Court for Appellants. Gulzarin Kiani, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondents No. 1 and 3(i - v, vii). Ex parte for Respondent No. 2 (ii - v), 3 (vi), 4, 5 and 6. Nemo for Respondent No. 2(i). Date of hearing: 30th June, 2011. JUDGMENT AMIR HANI MUSLIM, J.---Through this Civil Appeal, appellants have impugned the judgment of the learned Lahore High Court, Lahore passed in R.S.A. No. 69 of 2004 filed by the respondent No.1 against the appellants by which it has set aside the judgment of first appellate Court, filed by the respondents and has maintained the decree and judgment of the trial Court. 2. The facts of the case which are relevant to the present proceedings are that the property, which was subject-matter of the litigation between the parties, is agricultural land measuring 100 kanals and. 18 marlas situated at Chak No.78/EB Tehsil Arif Wala, District Pakpattan. The property in dispute was allotted to one Dost Muhammad and on his death, it was inherited by Noor Khanum (his wife) and Rab Nawaz (his son). Share of Noor Khanum in the landed property as per inheritance was 1/8th whereas share of Rab Nawaz son of the deceased Dost Muhammad was 7/8th. 3. On 8-3-1976, Rab Nawaz and Noor Khanum executed a registered General Power of Attorney in favour of respondent No.3 Raja Abdul Qayyum, who was not related to them, authorizing him to sell, mortgage, rent out, lease out, cultivate and or to deal with the said property in any manner as he deems proper. On 22-11-1983, Noor Khanum, one of the principal, died, who had 1/8th share in the property in dispute and was signatory to the said General Power of Attorney. On 2-1-1987, Rab Nawaz claims to have executed a sale agreement with the appellants in respect, of the disputed land for a sale consideration of Rs.3,00,000 and an…

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