Law:

Section:

Specific Relief Act (I of 1877) S. 12 Constitution of Pakistan (1973), Art. 185 (3) Suit for specific performance of agreement was decreed in favour of plaintiff which decree was maintained up to the level of High Court Effect Controversy whether under the agreement in question, petitioner had agreed to transfer entire land except the specified area, stood finally disposed of by concurrent findings of Courts below Such findings were not shown to suffer from any defect New plea being raised by petitioner having not been raised either before Appellate Court or before High Court, could not be allowed to be raised before Supreme Court for the first time Leave to appeal was refused in circumstances. ORDER SAAD SAOOD JAN, J. The petitioner is a brother of the respondent ' and one Ghulam Muhammad. Consequent upon a pre emption suit filed by the three brothers they acquired 112 Kanals and 6 Marlas of agricultural land. On 12 11 1985 the respondent brought a suit for the specific performance of an agreement among the three brothers whereby the petitioner and Ghulam Muhammad had allegedly undertaken to transfer the land which they had jointly acquired in pursuance of the pre emption decree passed in their favour after retaining 2 1/2 acres for themselves. The consideration for the transfer was stated to be the fact that the entire expenses of the litigation in the pre emption suit were borne by the respondent. According to the respondent, Ghulam Muhammad had in pursuance of the agreement carried out his part of the…

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