Law: Specific Relief Act (I of 1877)

Section: 12,21(b),21(g)

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,71,72,79

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 & 21(b)----Civil Procedure Code (V of 1908), S. 115---Suit for specific performance of agreement to sell---Contracts not specifically enforceable---Joint khata---Pendency of a suit for partition qua property---Failure to prove identification of the property in dispute with reasonable certainty---Effect---Trial Court refused to grant decree of specific performance, however, decreed the suit with regard to return of the earnest money, which decision was upheld by the appellate Court---Validity---Suit property was unidentifiable from the contents of the agreement to sell and entitlement of specific portion was yet to be decided after partition---Particulars with regard to identity of the suit property in the agreement lacked certainty and it could not be identified with reasonable certainty, thus, said agreement was not enforceable in view of the principle enshrined under S. 21 (c) of the Specific Relief Act, 1877 and a decree for specific performance could not be issued----Findings of the courts below on the question of facts and law being based upon proper appreciation of oral as well as documentary evidence produced in the suit, were not liable to be reviewed or substituted by High Court while exercising jurisdiction under S. 115 C.P.C--Revision petition was dismissed, in circumstances. Hameed Ullah and 9 others v. Headmistress, Government Girls School, Chokara, District Kark and 5 others 1997 SCMR 855 and Malik Tanveer Ali and another v. Sardar Ali Imam 2010 YLR 1799 rel. (b) Specific Relief Act (I of 1877)--- ----Ss. 12 & 21(g)----Suit for specific performance of agreement to sell--Contract involving performance of continuous duty extending over a period longer than three years---Enforceablity---Where under a contract the obligation is cast upon a person to perform continuously particular duty for a period longer than three years from the date of the agreement, the same cannot be specifically enforced. Mian Muhammad Saleem and others v. Mst. Hameeda Begum and others 1987 SCMR 624; Mst. Saeeda Akhtar and others v. Lal Din and others PLD 1981 Lah. 623 and Fida Hussain v. Jalal Khan 2022 CLC 1339 rel. (c)…