Law:

Section:

Specific Relief Act (I of 1877)---S.12--Constitution of Pakistan (1973), Art. 185(3)--Suit for specific performance of contract dismissed by Trial Court but decreed by First Appellate Court, finding whereof was maintained by High Court in second appeal--Vendor-defendant had agreed to sell land to first vendee/plaintiff and received earnest money--Sale was to be completed after vendor had obtained proprietary rights for the land from the Authority--First vendee transferred his rights under the agreement to sell, to subsequent vendee--Vendor refused to comply with his part of agreement whereupon the first vendee and the subsequent vendee jointly instituted suit for the specific performance of said agreement--Suit though dismissed by Trial Court was ultimately decreed in appeals--Vendor's contention was that as the first vendee/plaintiff had taken the balance amount from the subsequent vendee, he should be taken to have abandoned his claim for specific performance of agreement as not interested m the disputed land and subsequent vendee being not a party to the agreement of sale had no locus stand to file suit for specific performance of agreement--Such contention had also been raised and had been attended to by the High Court which correctly arrived at the conclusion that mere fact that first vendee had chosen to transfer his rights in favour of subsequent vendee did not imply that he had abandoned his claim--Such vendee having paid more than half of the consideration money had instituted suit for specific performance alongwith the subsequent vendee--No case was made out for interference by the Supreme Court--Petition dismissed. ORDER JAVID IQBAL, J.--This petition for leave is directed against judgment of the Lahore High Court. Lahore dated 22nd May, 1983 whereby the RSA of the petitioner was dismissed. Briefly the facts are that the petitioner entered into an agreement with Fazal Karim respondent for the sale of agricultural land in dispute for a sum of Rs.36,000. He received Rs.18,000 as earnest money. The sale was to be completed after the petitioner had obtained proprietary rights for the said land from the Thal Development Authority. Later he received from…

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