Law: Constitution of Pakistan, 1973

Section: 185(3)

Specific Relief Act (I of 1877)--S.12--Constitution of Pakistan (1973), Art.185(3)--Contract of ale of land-­Petitioner on receipt of earnest money delivered possession' of land to respondent--Time for registration of sale-deed and attestation of mutation of sale was fixed but sale remained incomplete until that date--Petitioner sent notice to respondent that as the crucial date for registration etc. of sale-deed had expired, respondent had ceased to have any right--Respondent instituted suit which was dismissed by the Trial Court while First Appellate Court confirmed the dismissal order--High Court in second appeal however, decreed the respondent's suit retention that there were concurrent findings of fact by two Courts below that the contract of sale had become void because respondent did not perform his part of the contract, and that there was no justification on the part of High Court to upset the concurrent findings of fact--Leave was granted to consider such contention and to further consider whether in the light of evidence on facts, High Court erred in arriving at the conclusion that the agreement was still subsisting whereupon specific performance had been allowed. Zakiuddin Pal, Senior Advocate with S. Laqa Haider Zaidi, Advocate and M.A. Qureshi Advocate-on-Record for Petitioner. S.M. Almas Ali, Advocate and Tamvir Ahmad, Advocate-on-Record for Respondent. Date of hearing: 21st February, 1989. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore whereby R.S.A. of respondent Ghulam Muhammad was accepted and judgments and decrees of the Courts below were set aside, decreeing the suit of the respondent subject to the payment of Rs.16,725 to the present petitioner. Briefly the facts are that Shahzada petitioner executed a deed of agreement on 15 June, 1970 with his real brother Ghulam Muhammad to sell to the latter the disputed property owned by him measuring 32 Kanals and 10 Marlas at the rate of Rs.700 per Kanal. The petitioner received Rs.5,000 as earnest money and delivered possession of the land to the respondent. The time for registration of the sale-deed and attestation of mutation…

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