Law:

Section:

Specific Relief Act (I of 1877)--- ----S.12---Colonization of Government Lands (Punjab) Act (IV of 1912), S.19---Specific performance of agreement to sell---State land, transfer of---Scope---Plaintiffs sought specific performance of agreement to sell by defendant for transfer of land allotted to her---Proprietary right was yet not granted in favour of defendant and her application for grant of such right was dismissed due to non- prosecution---Validity---Mere fact that defendant made application to Collector would not benefit plaintiffs as the same application was not granted---Patwari had clearly stated in his statement that property in question belonged to Provincial Government and proprietary rights of the same had not yet been granted to defendant---High Court declined to take any exception to judgment and decree passed by Lower Appellate Court whereby suit filed by plaintiffs was dismissed---No illegality or material irregularity was committed by Lower Appellate Court---Revision was dismissed in circumstances. Mst. Rehmat Bibi and others v. Mst. Jhando Bibi and others 1992 SCMR 1510 and Muhammad Sadiq v. Muhammad Ramzan and 9 others 2002 SCMR 1821 ref. Syed Muhammad Husain Shah Qadri for Petitioners. Mian Abbas Ahmed, Addl. A.-G. for Respondent. Date of hearing: 20th April, 2009. JUDGMENT CH. NAEEM MASOOD, J.---The revision petition is directed against the judgment and decree, dated 2-12-2002, passed by the learned Additional District Judge, Sahiwal. 2. Brief facts of the case are that respondent No.2, Mst. Rajan Bibi widow of Ahmed Ali/Hamid Ali is the allottee of land measuring 2-Kanals, situated in Chak No.96/9-L, Tehsil and District Sahiwal. It is asserted in the plaint that Mst. Rajan Bibi, whose husband was the brother of the petitioners, made an oral agreement to sell the property in dispute for a consideration of Rs.25,000 of which she received earnest money of Rs.7,000. She made an application to the Collector under section 19 of the Colonization of Government Lands Act for the sale of the said property, and on 16-9-1992 made a statement before the Colony Assistant, Sahiwal to that effect, so as to get permission from the District Collector,…