Law:

Section:

Contrat Act (IX of 1872)-------S.2(h)---Specific Relief Act (I of 1877), S.12---Civil Procedure Code (V of 1908), O.VII, R.11 & 5.115---Rejection of plaint---Rights and title under agreement to sell---Extent---Agreement to sell executed by owner in favour of defendant---Defendant without performing conditions of sale agreement, executed an'agreement to sell in favour of third party (plaintiff)---Plaintiff's suit for specific performance of agreement to sell against owner and defendant--­Owner's (defendant's) application in terms of O.VII, R.11, C.P.C. for rejection of plaint was dismissed by Trial Court---Validity---Agreement to sell would not create any right, title or interest in regard to property forming subject-matter of , agreement---Only right of intended vendee as recognised under law was right to enforce contract and that too against owner thereof---No equitable estate having been recognised in law, person holding agreement to sell in his favour was not empowered to further sell or agree to sell property forming subject-matter of earlier agreement---Even where original owner had agreed that holder of agreement to sell would be entitled to further agree to sell property, same would -be manifestly against law---No privity of contract thins, existed between owner and suhseduent purchaser--- Suit for enforcement of subsequent agreement to sell against owner was thus, barred by law---Trial Court had proceeded with material irregularity amounting to illegality in refusing to reject plaint--­Plaint in suit filed by subsequent vendee was rejected in circumstances. JUDGMENT This civil revision is directed against the judgment/order dated 20-7-1995 passed by the learned Senior Civil Judge, Sheikhupura, whereby the petitioners' application under Order VII, Rule 11, C.P.C. seeking rejection of the plaint in the suit filed by the respondents for the specific performance of the agreement was dismissed. 2. The relevant facts as can be gathered from the plaint in the suit filed by the respondents are to the effect that the petitioners being the owners in possession of land measuring 13 Kanals, 10 Marlas situate Qila Mir Singh, Tehsil and District Sheikhupura…

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