Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Specific performance of agreement---Plaintiff filed a suit .that the defendants entered into an agreement for purchase of his land against a consideration and after making part payment through cheque, failed to complete the transaction Such suit was decreed --- Validity--Execution of agreement, amount of consideration and mode of payment was admitted by the defendant and as such never had any objection regarding any terms and conditions of the agreement---- and decrees, therefore, had been rightly passed in favour of the plaintiff---Appeal being without merit was dismissed in limine. Province of East Pakistan v. Mia Muhammad Hossain PLD 1965 SC 14; Messrs Ch. Brothers Ltd., Sialkot v. Jaranwala Central Cooperative Bank Ltd. 1968 SCMR 804; Halsbury's Laws of England, Vo1.44, p.3302, para.435 and May & Butcher Ltd. v. Regem All ELR p.684 ref. JUDGMENT GHULAM RABBANI, J.--- This, intra-Court Appeal calls question a decree dated 5-5-1997 passed by learned Single Judge of this Court against appellant for an amount of Rs.12,27,000 (Rupees twelve lacy twenty-seven thousand) with interest at the rate of .14 % per annum from 15-7-1994 with costs of the suit. 2. Precisely stated, the respondent/plaintiff instituted a suit for specific performance, injunction and damages against the appellant/defendant No.l, and also against Mr. Nadir Ali Markhiani, Mr. Mazharul Haque, the Managing Director and the Director of S.I.T.E., and, the Ministry of Industries, Government of Sindh as defendants Nos.2 to 4. 3. The case of respondent is that the appellant through its Secretary entered into an agreement dated 7-7-1994 for purchase of his land measuring 45-18 acres and consisting of Serial Nos. 110, 118, 130 and 134, situated in Deh and Taluka Kotri, District Dadu, to the appellant for a consideration of Rs.27,27,000 (Rupees twenty-seven lacs twenty-seven thousand) viz. at the rate of Rs.60,000 per acre. 4. Pursuant to the aforementioned sale agreement an amount .of Rs.15,00,000 (Rupees fifteen lacs) was paid to the respondent by way of cheque and thereafter, nothing…

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