Law:

Section:

(a) Contract Act (IX of 1872)------S. 2(h)---Three close relatives occupying house in question, had executed agreement whereby they agreed that all the three parties having applied for transfer of house, to whomsoever it was allotted, the other parties would have right to remain in those portions occupied by them and they would not be evicted therefrom---House in question was allotted in favour of one of them and he tried to dispossess others through suit for possession---Defendants in that suit, also filed suit on basis of agreement of association that as per terms of agreement they were entitled to retain their possession and could not be dispossessed---Effect---Execution of agreement in question, stood fully proved and such agreement was valid and in accordance with law---House in dispute was admittedly divided into three portions and each of the parties to agreement was in possession of his respective share---Agreement in question, was lawful agreement whereby executants had surrendered their rights mentioned in said agreement to each other perpetually---Transferee of house having bound himself that in case house in question was transferred to him he would not dispossess other parties and also would not sell the same to anyone without consent of the others, was bound by the terms of agreement and was, thus, not entitled to decree for possession of portions in occupation Of other occupants. Salim and another v. Malik Jalal-ud-Din and 7 others PLD 1982 SC 457 ref. (b) Civil Procedure Code (V of 1908)--- ----O.VII, R. 7---Grant of general relief by Court---Court is empowered 'to grant such relief as justice of case may demand; and for determining relief asked for, whole of the plaint must be looked into, so that substance rather than form should be examined. Samar Gul v. Central Government and others PLD 1986 SC 35 rel. Maulvi Anwar-ul-Haq for Petitioners. Khan Baig Janjua for Respondents. Dates of hearing: 19th, 23rd and 25th April, 1995. JUDGMENT This judgment will dispose of Civil Revision No. 385 of 1991 also as the subject-matter of both these revision petitions is the same. 2. The respondents filed Suit No. 275/87 for declaration that they (plaintiffs)…

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