Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act (I of 1877)   S. 12 Suit for specific performance of agreement to sell Three Courts below had concurrently found that the vendors had agreed to sell land in question to plaintiffs and part of sale amount was paid before the Registrar ¬Suit was decreed by all the Courts below Validity High Court had positively recorded that all the plaintiffs were parties to the contract Such fact was not denied by vendors in written statement Transaction in question, was proved to be for the benefit of all the vendors including the minors whose interests were admittedly safeguarded and taken into consideration in sale transaction ¬No case was made out for interference Leave to appeal was refused in circumstances. JUDGMENT ABDUL QADEER CHAUDHRY, J.Leave to appeal had been sought against the judgment of the High Court dated 21 2 1993. 2. The facts to be noted are that respondents Nos. 1 to 9 brought a suit for specific performance against the vendors, respondents Nos. 10 to 12. According to the plaintiffs, respondents Nos. 9 and 10 executed a registered agreement of sale dated 9 12 1980, of the land in dispute for a consideration of Rs.1,50,000. Rs.55,262 were paid before the Registering Officer, and the remaining sale price was to be paid at the time of registration of the deed. During the pendency of the suit, the vendor sold the land to the petitioners. The vendor admitted the execution of agreement, but said that the agreement was without consideration. The…

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