Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Suit for specific performance--Pled of having issued notice to perform contract within specific period, not taken in written statement nor any issue framed thereof--Courts below not accepting factum of service of notice--Contention requiring re-appraisal of evidence but copy of evidence not furnished--Other contentions having been adequately dealt with by High Court, no interference called for--Petition dismissed. Sh. Ghias Muhammad, Senior Advocate Supreme Court instructed by Sh. Masud Akhtar, Advocate-on-Record for Petitioners. Muhammad Rashid Chughtai, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for the legal representatives of Respondent No. 1. Date of hearing: 2nd June, 1985. ORDER M.S.H. QURAISHI, J.--Shop No. P-134 in Ward No. 1, Rail Bazar, Faisalabad, was transferred in favour of Nazir Ahmad (respondent No. 2 herein) who before issue of permanent transfer deed entered into an agreement, on 13-8-1960, with Muhammad Ali (respondent No. 1 herein since dead), the tenant in occupation of the shop, for sale of half share in the shop for consideration of Rs.3,050. The sale was to take place after issue of P.T.D. However, after the issue of P.T.D. on 11-2-1963 in his favour, Nazir Ahmad sold by registered deed, dated 12-8-1964 the entire shop in favour of his son Tariq Mahmood and nephew Muneer Ahmad (petitioner herein) who both were minors at that time. This led to the institution of suit on 25-10-1965 by Muhammad Ali for specific performance of the agreement and for possession of half share in the shop. The suit was dismissed upon a finding, inter alia, that…

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