| Citation(s) |
|---|
| 2026 SLG 429 2026 SLD 429 = 2026 LHC 1508 |
W.P.No. 13761 of 2026
Presented By: (Muzamil Akhtar Shabir) Judge
04.03.2026. Malik Haq Nawaz, Advocate for petitioner. Mr.Qamar Zaman Qureshi, Additional Advocate General Punjab; Dr. Muhammad Azeem Raja, Syed Ali Allow-u-Din, Syed Imran Ehsan, Ch. Imtiazullah Warraich, Sh. Waseem Ahmed, Aitzaz Aslam Chaudhry, Syed Muhammad Haider Kazmi, Muhammad Abu Bakar Attique, Malik Muhammad Zareef, Advocates. Mr.Qamar Hanif Ramay, Assistant Attorney General for Pakistan.
Asif Ali
VS
. Amjad Ali (deceased) through legal heirs, etc.
Law: Code Of Civil Procedure, 1908.
Section: 1 & 2
Law: Transfer of Property Act, 1882
Section: 52
Law: Specific Relief Act, 1877
Section:
Summary
The petitioner Asif Ali filed a constitutional petition challenging the orders of the Civil Judge and Additional District Judge whereby his application for temporary injunction in a suit for specific performance of an agreement to sell was dismissed.
The petitioner claimed that Amjad Ali (deceased) agreed to sell 6 marlas property in Mauza Pindi Bhattian for Rs. 26,00,000 through a written agreement dated 25-06-2024, out of which Rs. 22,00,000 was allegedly paid as earnest money and possession was delivered, while the remaining Rs. 4,00,000 was to be paid on 25-04-2025 at the time of registration of the sale deed. Before that date, the seller died and his legal heirs refused to execute the sale deed.
The respondents denied execution of the agreement and receipt of money, alleging the document was forged and fabricated after the death of their predecessor.