Law:

Section:

Specific Relief Act (I of 1877)--- ----S.12---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of agreement to sell---Oral agreement---Proof---Plaintiffs asserted that the suit land was agreed to be sold to them orally and possession of the land was handed over to them---Trial Court decreed the suit in favour of the plaintiffs but the Appellate Court dismissed the same---Judgment and decree passed by the Appellate Court were upheld by High, Court---Validity---Judgment of High Court was based on proper reasoning---High Court had discussed the evidence adduced by both the parties in detail and had also considered the aspect of the oral sale agreement properly---Plaintiff failed to show even a single receipt in support of the sale consideration as also any proof that the possession was delivered to them and were in its possession by that time--­No revenue receipt was produced to substantiate that the plaintiffs were in possession of the land and cultivating the same---Judgment of High Court was maintained---Leave to appeal was refused. ORDER ABDUL HAMEED DOGAR, J.---The petitioner seeks leave to appeal against the judgment and decree, dated 2-10-2001 of the Lahore High Court, Multan Bench, passed in Civil Revision No. 13-D of 1989 whereby the same was dismissed. 2. The petitioners filed a suit for specific performance with a prayer for possession on the basis of an oral agreement to sell in respect to 8 Kanals of land against the respondents. According to them, the respondents had entered into an agreement- to sell with the father of the petitioners for the consideration of Rs.16,000 out of which, Rs.10,500 was paid as earnest money while the rest was to be paid at the time of registration of the sale deed. The father of the petitioners died. Thereafter, the respondents failed to execute the agreement. Later on an amendment was made in the plaint to the effect that in the same agreement an area of 7 Kanals and 12 Marlas was also agreed by the respondents to be exchanged with the predecessor of the petitioners with an area of 6 Kanals end 9 Marlas. The fathers of the petitioners and the respondents were brothers. The suit…

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