Law:

Section:

Transfer of Property Act (IV of -1882)--Ss. 53-A & 105---Constitution of Pakistan (1973), Art.185(3)---Lease agreement stipulating that in case lessors sell land in question, they should first intimate to lessees ,and if they refused to purchase, only then lessors could sell the same to third party---Lessors selling land to third party---Lessees challenging such sale on basis of stipulation in lease deed---Lessors' evidence to the effect, that they had intimated to lessees of their intention to sell and on their refusal to purchase the same they had sold it to third party, remained unchallenged and unrebutted---Lessees could not complain as to the violation of crucial terms of agreement which in fact was not a concluded agreement of sale---High Court was correct in holding that offer of sale as mentioned in lease agreement, was vague for uncertainty and, indefiniteness on acceptance of which no contract could come into being---Appeal was dismissed in circumstances. ORDER ABDUL KADIR SHAIKH, J.---This is a petition for leave to appeal from the judgment of Sindh High Court dated 2nd April, 1990 by which a First Appeal filed by the petitioners against the judgment and decree dated 28th April, 1980 passed by the Senior Civil Judge, Moro, dismissing petitioners' suit was upheld. Facts of the case briefly stated are as under: Petitioners filed a suit for specific performance of the contract against the respondents, and the case set out by them, in the plaint, was that Mst. Bibi Ghulam Sakina and Mst. Bibi Ghulam Zainab were the joint owners of the suit­ land which had been leased out to them for a period of 20 years with effect from Kharif 1956-57 to R i 1975-76 under a registered sale-deed dated 21st March, 1956 which under clause 15 reads as under: "In the event of our (lessors) disposing of the land by sale, the first option will be given to the lessees to whom it would be sold if they (lessees) agree to purchase either with restriction or with removal thereof." Petitioners' case was that the respondents by virtue of the above clause in fact reiterated an agreement of sale in the petitioners' favour, but, the respondents sold the suit-land to Mst. Zaibunnissa,…

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