| Citation(s) |
|---|
| 1989 SLG 1467 1989 SLD 1467 1989 SCMR 1113 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.96/R of 1988, decision dated: 12-04-1989.
MUHAMMAD AFZAL ZULLAH, USMAN ALI SHAH AND ALI HUSSAIN QAZILBASH, JJ
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Civil Petition for Leave to Appeal No.96/R of 1988, decision dated: 12-04-1989.
MUHAMMAD AFZAL ZULLAH, USMAN ALI SHAH AND ALI HUSSAIN QAZILBASH, JJ
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ATTA MUHAMMAD and 2 others
VS
HAKIM ALI and 3 others
Law: Constitution of Pakistan, 1973
Section: 185(3)
Specific Relief Act (I of 1877)--S.12--Constitution of Pakistan (1973), Art.185(3)--Specific performance--Contention that according to pleadings of the respondents as also other material on record including averments in the agreement relied upon by respondents, they could be compensated by payment of money, therefore, the discretionary relief for specific performance should not have been allowed--Held: High Court had rightly exercised the discretion and noticed the contention and disposed that of with adequate reasons which did not suffer from any such infirmity so as to invoke interference by Supreme Court. Muhammad Munir Peracha, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 12th April, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendant side in a suit for specific performance; against the dismissal by the High Court, of their Civil Revision. The learned counsel in the very outset stated that all other questions relating to the rights of the respective parties--the petitioners side are the second Vendees, having been settled by the…
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