| Citation(s) |
|---|
| 1990 SLG 728 1990 SLD 728 1990 SCMR 632 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.778 of 1985, decision dated: 4-06-1989.
MUHAMMAD AFZAL ZULLAH AND, JAVID LQBAL, JJ
Malik Abdul Majeed, Advocate Supreme Court (absent) and Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Leave to Appeal No.778 of 1985, decision dated: 4-06-1989.
MUHAMMAD AFZAL ZULLAH AND, JAVID LQBAL, JJ
Malik Abdul Majeed, Advocate Supreme Court (absent) and Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents.
ILAM DIN
VS
Mst. HUSSAIN BIBI and 3 others
Law:
Section:
Specific Relief Act (1 of 1877)------S.12---Constitution of Pakistan (1973), Art.185(3)---Plaintiff's suit to enforce agreement of sale and for annulment of sale by the same vendors in favour of defendant-vendee---Suit was dismissed by all the Courts below including the High Court mainly on the ground of its having been presented in wrong form---Leave to appeal was granted to examine questions raised in the petition as also the questions whether, the principles of Islamic Law with regard to the duties of a vendor in cases like the present one would not be attracted; if so, with what effect---Leave to appeal having already been granted on the last mentioned question in another case, petition was allowed---Both cases were to be heard together. ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by the plaintiff's side in a suit for declaration; against the dismissal by the High Court of their Civil Revision. It had arisen out of the pica of the plaintiff to enforce an agreement of sale in his favour and at the same time to seek annulment of a sale by the same vendors in favour of respondent No.4 as collusive, without consideration, and of no effect against his interest. The petitioner's suit was dismissed by the trial…
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