Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S. 19--Agreement to sell---Permission from Collector---Necessity--­Permission from the Collector for agreement to sell under S.19, Colonization of Government Lands (Punjab) Act, 1912 is not mandatory. Ghulam Rasool's case 1969 SCMR 254; Muhammad Iqbal's case PLD 1986 SC 70; Akhtar Ali's case 1981 SCMR 604; Muhammad Afzal's case 1991 SCMR 1785; Mushtaq Hussain's case 1999 MLD 384 and Mubarik Ali's case 2000 YLR 652 ref. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 19---Specific Relief Act (I of 1877), S.12---Bar prescribed in S.19, Colonization of Government Lands (Punjab) Act, 1912, is against the alienation and not against the agreement---Agreement could be enforced through the specific performance after the grant of proprietary rights. Mst. Rehmat Bibi's case 1992 SCMR 1510; Waris Ali's case PLD 2000 SC 792; Hakim Ali v. Atta Muhammad 1981 SCMR 993; Muhammad Iqbal v. Muhammad Hussain PLD 1986 SC 70; Rehmat Bibi v. Jhando Bibi 1992 SCMR 1510; Sher Muhammad Khan v. Ilam Din 1994 SCMR 470; Abdul Ghani v. Fatima Bibi 1994 SCMR 1786; Mehr Bakhsh's case 1999 YLR 958 and Abdul Hameed's case 1992 CLC 1504 ref. (c) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1---Party filed a suit for cancellation of agreement and same was subsequently dismissed as withdrawn---Party was estopped to wriggle out from the execution of the agreement between the parties on well-known principle of approbate and reprobate, waiver, res judicata and estoppel. Haji Ghulam Rasool v. The Chief Administrator PLD 1971 SC 376 and Pir Bakhsh v. The Chairman Allotment Committee PLD 1987 SC 145 ref. (d) Civil Procedure Code (V of 1908)--- ----S. 96---Reversing the findings of Trial Court---First Appellate Court to meet the reasoning of the Trial Court first, then reverse the findings of Trial Court. Madan Gopal's case PLD 1969 SC 617 ref. (e) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Reversal, of findings of facts---High Court's jurisdiction---Where decision on facts was based on no evidence or inadmissible evidence or was so perverse that grave injustice would result, therefrom, in…

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