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1987 SCMR 624 Present: Muhammad Haleem, C.J., Nasim Hasan Shah, Shafiur Rahman, Javid Iqbal and Ali Hussain Qazilbash, JJ Mian MUHAMMAD SALEEM and others--Appellants Vs Mst. HAMEEDA BEGUM and others--Respondents Civil Appeals Nos. 82 of 1981 and 220 of 1985, decided on 16th December, 1986. (On appeal from the dated 29-3-1981 of the Lahore High Court, Lahore in R.F.A. 108 of 1977). (a) Constitution of Pakistan (1973)- ---Art. 185(2)(d)--Specific Relief Act (I of 1877), S. 21(c)--Suit for specific performance--Identity of land uncertain--No decree could be granted--Suit for specific performance of agreement and possession of land--Land agreed to be sold in terms of deed of compromise--Suit decreed by Trial Court but decision set aside in appeal--Appeal to Supreme Court--Plea that contents of documents should not be construed strictly and literally and any misdescription therein would not vitiate agreement or defeat its very purpose if subject-matter was otherwise readily ascertainable, repelled--Finding of High Court that identity of land agreed to be sold could not be ascertained with certainty from terms of compromise deed, upheld--No decree for specific performance could, in circumstances, be granted--Appeal dismissed with costs. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Transfer of Property Act (IV of 1882), S. 53--Transfer of immovable property made with intent to defeat creditors--Suit for declaration that registered sale-deed executed by debtor was fictitious, fraudulent and without consideration and was of no legal effect, decreed by Trial Court--Debtors offer to pay entire debt and other dues, not accepted by creditors in appeal--High Court, without adverting to such aspect of case, dismissed appeal--Order impugned--Plea raised that debtor or alienee being ready at any stage to pay debts due to creditors, suit under S. 53 of Act (IV of 1882) could not be decreed and creditors having refused to accept amount due to them on tender either by debtor alienor or alienee, had no right; to ask for decree to set aside registered sale-deed, accepted--Appellants having offered to satisfy debt in its entirety, no question of granting declaration arose in…

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