Law:

Section:

Specific Relief Act (I of 1877)-------Ss.12 & 56---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2---Suit for specific performance of agreement to sell---Plaintiffs being tenants against whom order of ejectment had been passed, had filed suit to the effect that after order of ejectment was passed against them, there was agreement of sale between parties and that plaintiffs had passed on earnest money to defendants as per terms of agreement of sale---Defendant had totally denied agreement of sale---Share of defendants being admittedly undivided, even if it was proved that they had agreed to sell property, such agreement would be deemed to be void---Plaintiffs having failed to make out prima facie case for grant of temporary injunction, balance of convenience would not lie in their favour and they would not suffer irreparable loss or injury so as to entitle them to the grant of temporary injunction---Plaintiffs, however, being tenants of property in question, they would not be dispossessed/ejected from the same, otherwise than in due course of law---Relief claimed to stay execution proceedings, could not be granted for no injunction could be granted to stay judicial proceedings in terms of S.56(a), Specific Relief Act, 1877. ORDER The brief facts giving rise to these two applications (Civil Miscellaneous Nos.5672 and 6698 of 1996) are that plaintiffs Nos.l to 3 are sons, plaintiffs Nos.4 and 5 are daughters and plaintiff No.6 is widow of late Muhammad Shafiq who was tenant of shop No.1 situated on ground floor of Nusrat Manzil, Plot No.RB-11/24, Ratan Talau, Mohan Road, Karachi (hereinafter -referred to as the said property since 1974. The defendant No.1 is widow, defendants Nos.2 and 3 are daughters of late Syed Siddique Hasan who was owner of the said property and defendant No.4 is widow of Syed Tahir Hussain son of Syed Siddique Hasan. The defendants Nos.5 to 9 are subsequent purchasers of the said property. It is the case of the plaintiffs that late Syed Siddique Hasan died leaving behind defendants Nos.l to 3, Syed Tahir Hussain since deceased and another daughter Aqueela Hussain as his next of kin and the said legal heirs have been receiving…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492