Law:

Section:

(a) Contract Act (IX of 1872)-------S. 2(r)---Agreement for sale of immovable property---Right of purchaser of the property---Scope---Purchaser of a property through an agreement of sale has no right, title or interest in the property proposed to be sold except to maintain a suit for specific performance. Khayaban-e-Iqbal (Pvt.) Ltd. and 2 others v. Mustafa Haji Muhammad 1996 CLC 1758 and Manzoor Ahmed and others v. Mst. Iqbal Begum and others 1989 SCMR 949 ref. (b) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr.l & 2---Sindh Rented Premises Ordinance (XVII of 1979), S.12---Interim injunction, grant of---Suit for specific performance of agreement to sell--=Order of ejectment of plaintiff from the suit property was passed by Rent Controller--­Contention by plaintiff was that there was an agreement to sell in favour of the plaintiff qua suit property and ejectment of the plaintiff from the suit property would create hindrance in execution of decree which might be passed in favour of plaintiff---Validity---Plaintiff was not entitled to resist his eviction as the same had been ordered by a competent forum of Rent Controller---Defendant was directed not to create any third party interest in the suit property nor would part with the possession of the suit property--­Such direction was made subject to deposit of balance consideration amount by the plaintiff---Application for grant of interim injunction against order of eviction was disposed of accordingly. Ismail Brothers v. Kaval Ram PLD 1981 SC 545; Iqbal and 6 others v. Rabia Bibi and others PLD 1991 SC 242; Makhan Bano v. Haji Abdul Ghani PLD 1984 SC 17; Allah Yar and others v. Additional District Judge and others 1984 SCMR 741 and Province of Punjab v. Mufti Abdul Ghani PLD 1985 SC 1 ref. (c) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), OXXXIX, Rr. 1 & 2---Suit for specific performance---Interim injunction---Burden on plaintiff ---Scope--­Burden to prove is on person who seeks an ad interim injunction in such a suit, burden upon plaintiff is not that onerous as it would be for succeeding in obtaining a decree for specific…

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