Law:

Section:

Specific Relief Act (I of 1877)---S.42--Constitution of Pak1stan (1973), Art. 185(3)--Plaintiff having sold 5 Kanals of area to defendant claimed that if a Marla was taken to be equal to 260 square feet, he would be entitled to retain some area over and above 5 Kanals so counted--Defendant's case was that one Marla was equal to 272 square feet in the concerned locality--Plaintiffs suit was decreed by Trial Court but such finding was reversed in appeal as also in revision--Held. if entire sale-deed was read together, plaintiff had sold the entire plot and there was thus no scope for plaintiff to retain any part thereof on the basis of one calculation ignoring the other--Defendant's case was also supported by the rule laid down by Supreme Court in A. R. Khan's case reported as P L D 1987 S C 107--Leave refused. A.R. Khan v. P.N. Boga through Legal Heir P L D 1987 SC 107 rel. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff in a suit for declaration on the question; whether he was entitled to retain a small part of the plot of land sold to the respondent side. The sale was no doubt of 5 Kanals of area, but the measurement of the site and boundaries of the plot were also…

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