Law: Specific Relief Act, 1877

Section: 42

Law: Constitution of Pakistan, 1973

Section: 185(3)

Specific Relief Act (1 of 1877)----S.42--Constitution of Pakistan (1973), Art.185(3)--Suit for specific performance of agreement to sell--Petitioner taking plea that sons of the vendee had stolen the amount and ornaments from house of petitioner and it was agreed by the vendee m the Punchayat that the stolen amount will be adjusted in the sale price to complete the agreement--Person at whose house Punchayat was held and the vendee who allowed the adjustment were not produced--Witnesses who were stated to be members of Punchayat where agreement of adjustment was made denied that they were members or were present in the Punchayat--High Court finding that in the light of such evidence conduct of petitioner could not be considered to be above board--Petition being without substance, was dismissedMian Munawar Hussain, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for Petitioner. Nemo for RespondentsDate of hearing: 10th August, 1988.ORDERJAVID IQBAL, J.--This petition for leave to appeal is directed against the order of the Lahore High Court, Lahore, dated 19 January 1983 whereby civil revision of the petitioner was dismissedBriefly the facts are that the petitioner entered into an agreement of sale for the purchase of house with Sardar Muhammad deceased predecessor-in�interest of the respondents. Out of the sale price a sum of Rs.6,000 was paid at the time of the execution of the agreement while the balance amount of RS.30,OOf1 was agreed to be paid within 15 days of Eid-ul-Azha 1978. The case of the petitioner was that he collected the money for paying the balance amount but on the night between 8/9 September 1978 the sons of Sardar Muhammad deceased had committed a theft in the house of the petitioner and thus had taken away Rs.10,500 in cash as well as some gold ornaments. A report to this effect was accordingly lodged with the police. However, Sardar Muhammad deceased admitted the guilt of his sons before a Punchayat and it was agreed that out of the remaining sale price of Rs.30,000 a sum of Rs.19,000 would be deposited by the petitioner with one Haji Muhammad Ramzan but Rs.11,000 would be deemed to have been received by Sardar…

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