Law: Constitution of Pakistan, 1973

Section: 199

Specific Relief-Act (I of 1877)--S.12--Constitution of Pakistan (1973), Art.199--Plaintiff on basis of agreement to sell obtained decree for specific performance of contract of sale--Such decrec was'set aside in appeal but was restored in revision by the High Court--Plaintiff had entered into agreement to sell with the person holding power of attorney on allottee--Contention that such attorney was not authorized to teal of the owner enter into agreement to sell the disputed land to plaintiff--Nothing on record was that the attorney had unauthorized entered into agreement to sell with plaintiff where under, he had received earnest money of substantial amount and sale was to be completed when proprietary rights 'were to be obtained by the :owner who was then to receive the balance amount of sale consideration High Court had rightly held that such an agreement was legally admissible to` be entered into and that same could not be equated with an outright sale Plaintiff was' thus found entitled to have the said agreement ,specifically enforced Leave was thus refused. Ch. Muhammad Ashraf Wahlah, Advocate Supreme Court instructed by M.Aquereshi Advocate on Record for Petitioners. Nemo for Respondents 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 Multan Bench dated 9 July 1984 whereby civil revision of Muhammad Akram respondents was accepted judgment and decree of the Additional District Judge were set aside and those of the trial court restored. Briefly the facts are that Mst. Rahim Jan respondents No3 was allotted the disputed lands as an Islamabad oustee. By mean of general power of attorney executed and registered no 31 December 1968 at Rawailpandi she appointed Ghulam Rasul respondents No2 as her attorney him inter alia to sell the land in question. :On 2 October 1972 respondent No.2 on behalf of respondent t No.3 entered into an agreement with Muhamsnad A:kram respondent No.l to sell the land in dispute for Rs.45,000. He received earnest money of Rs.30,0t)0 from him- and handed over possession of the land to him. Thereafter respondent No.3 revoked the power of…

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