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Specific Relief Act (I of 1877)-----S.12---Contract Act (IX of 1872), S.25---Suit for specific performance of agreement to sell---Vendor (allottee) associated with himself plaintiff and another person in equal share in matter of getting transfer of property from Settlement Department---Vendor was paid by other person his share of amount payable to Settlement Department, while plaintiff spent money on reconstruction and repairs of building-Such facts were recorded in agreement to sell---Witnesses produced by plaintiff also made reference to such facts---Sole witness produced by vendor remained silent as to such aspect of matter---Held: Such agreement vis-a-vis plaintiff was not without consideration. M. Bilal Khan, Advocate Supreme Court and Muhammad Anwar Bhaur, Advocate Supreme Court for Petitioner (in both petitions). Mirza Nisar Ahmad Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Respondent No.3 (in C.P. No.3510-L/1001). Iqbal Hussain Rokari, Advocate Supreme Court and Ch. Mehdi Khan, Advocate-on-Record for Respondents Nos.1-4 (in C.P. No.3511-I/2001). Date of hearing: 16th May, 2003. JUDGMENT TANVIR AHMED KHAN, J.---By this common judgment, we intend to decide Civil Petitions Nos.3510-L and 3511-L of 2001 involving identical questions of law and facts. 2. Leave to appeal is sought against the consolidated judgment, dated 11-9-2001 whereby the learned Single Judge of the Lahore High Court, Lahore, dismissed the civil revisions filed by the petitioners. 3. The facts of these cases are very chequered. The suit property bearing No.S-11-28-S-3 is situated in Bank Square, Lahore. It was provisionally transferred vide PTD, dated 3-12-1960 to Sh. Muzmmal Hussain, predecessor-in-interest of the respondents who was required to pay an amount of Rs.29,000. He entered into an agreement with Mian Ismail Naeem, Chairman of Pakistan Stock Exchange and agreed to sell 1/2 of the share on the receipt of Rs.14,500. Thereafter, as reflected from the documents, a handsome amount was expended in making repairs, additions and alterations etc. by him. Lastly an agreement was executed on 31-3-1961 and the respondents agreed to share the rent of the property. Sh.…

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