Law:

Section:

(a) Constitution of Pakistan (1973)------Art.185---Appeal---Even a pure question of law, which was not raised earlier, could be canvassed before Supreme Court only by the leave of the Court. It is true that a pure question of law which does not involve an inquiry into facts, even if it is raised for the first time, can be considered by Supreme Court. But this concession is subject to the condition that leave to raise and argue such a point must be granted by the Court. In other words, even a pure question of law, which was not raised earlier, can be canvassed only by the leave of Supreme Court. (b) Specific Relief Act (I of 1877)-- ----S.12---Constitution of Pakistan (1973), Art.185(3)---Appeal---Leave to raise fresh point of law---Decree for specific performance of an oral agreement entered into between the parties with regard to the sale of a plot---Where the appellant had resiled from his solemn word and did not abide by the agreement freely made by him with the respondent, it was, held. not a fit case in which Supreme Court should grant leave to take up fresh point, even though it was one of law at the appellate stage. JUDGMENT NASIM HASAN SHAH, J.--- The dispute in this appeal is with regard to the decree for specific performance of an oral agreement dated 30-9-1978 entered into between the appellant and the respondent with regard to the sale of a plot of land bearing No.16-D, Model Town, Lahore, and measuring 6 Kanals 10 sq.ft. The appellant was owner of this land while the respondent is the party claiming that the land in question was agreed to be sold in his favour and in pursuance of this oral agreement, the appellant accepted Rs.40,000 towards the sale consideration of the land. According to him, the appellant not only did not abide by his promise and implement this agreement but instead sold away 3 Kanals out of the land in question to one Faheem-ul-Islam in March, 1979. The case of the appellant, on the other hand, is that as one of the stipulations of the agreement was that the balance of the sale price would be paid within 3 months and the sale-deed was to be executed only upon the payment of the balance price within three months aforesaid but the…

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