Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Specific performance of contract---Existence of contract- --Proof--­Onus to prove---Scope---Requisites---Plaintiff, in a suit for specific performance has to assert that a contract exists between him and the defendant---Plaintiff has to plead the facts regarding the contract which he desires to be specifically preformed and also regarding the status and factual aspects concerning others who are interested in denying his title. (b) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit fox specific performance of agreement to sell---Plaint, rejection of---Failure of plaintiff to mention in the plaint as to how the defendant would pass on title regarding suit property to the plaintiff---Defendant entered into agreement to sell the suit property to the plaintiff but subsequent to such agreement executed a registered sale-deed in favour of a third person-- -Contention by the defendant was that as it was not mentioned in the plaint as to how such title would be passed on to the plaintiff, the plaint was liable to be rejected---Validity---Plaintiff was to prove the case through evidence and such issue would be decided at the trial stage---Where the issue required evidence, it would be unfair as well as inequitable to dismiss the suit on such ground---Application for rejection of plaint being without force was dismissed. Muhammad Akram v. Muhammad Rafi 1989 CLC 15; Abdul Wahab v. Province of Punjab 1986 MLD 2049; Abdul Rashid Velmi v. Habib-ur-Rehman 1995 MLD 397; Liaquatabad Super Market v. Mayor of Karachi PLD 1981 Kar. 613; Civil Aviation Authority v. Data International PLD 1993 Kar. 700 and Parveen Begum v. Shah Jehan PLD 1996 Kar. 210 distinguished. Ghulam Ali v. Asmatullah 1990 SCMR 1630; Muhammad Akhtar v. Abdul Hadi 1981 SCMR 878; Ghafooran v. K.M.C. 1996 MLD 1541; Zafar Ahmed Ansari v. Auqaf Department 1996 CLC 892; Noor Begum v. Muhammad Boota PLD 1995 Lah. 344; Sarfraz Khan v. Abdul Karim 1991 MLD 1230; Sehar Begum v. Salahuddin 1991 MLD 1594 and Aijaz Mehmood v. Muhammad Jamil 1996 CLC 1027 ref. (c) Contract Act (IX of 1872)--- ----S. 2(h)---Specific Relief Act…

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