Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Specific Relief Act (I of 1877), S. 12--Suit for specific performance and alternatively for damages partly decreed--Appeal before High Court on question of damages awarded--Appeal accepted and damages awarded on basis of difference between contracted price and market value of suit land--Order impugned--Petitioner not permitted to argue that he was entitled to specific performance of contract because limited nature of relief claimed before High Court had been awarded in accordance with law--Leave to appeal refused. ORDER S. A. NUSRAT, J.--The petitioner brought a suit in the Civil Court, Tando Allahyar for specific performance of an agreement of sale relating to an open plot of land and alternatively for damages in the sum of Rs.8,725 with interest. The suit was dismissed in toto by the learned trial Court. The petitioner filed an appeal against the dismissal of his suit which was allowed to the extent that the return of earnest money of Rs.1,500 and a further payment of Rs.3,000 was ordered. 2. A second appeal filed before the High Court by the petitioner was admitted for the examination of the limited question whether the first appellate Court while partly decreeing the suit for return of the part consideration should have also awarded…

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