Law:

Section:

Specific Relief Act (I of 1877)--- ----S.12---Civil Procedure Code (V of 1908), O.II, R.2---Constitution of Pakistan (1973), Art.185(3)---Specific performance of agreement to sell--­Concurrent findings of fact by Courts below---Suit for specific performance of agreement to sell was decreed by the Trial Court in favour of the plaintiff and the and decree were upheld by the Appellate Court as well as the High Court in second appeal---Prior to the suit the plaintiff filed another suit which was withdrawn on the basis of compromise---Defendant objected to the maintainability of the fresh suit on the basis of bar contained in O.II, R.2, C.P.C.---Validity---Defendant's objection as to bar contained under O.II,R.2, C.P.C. was not well-founded---Where the previous suit was not competent in law the bar under O.II,R.2, C.P.C. was -not attracted insofar as the second suit was concerned which was found to be competent in law--­Parties entered into- a compromise whereby the original agreement to sell was ratified by the defendant who also received another amount in furtherance of the said agreement and undertook to convey the land in dispute to the plaintiff---Fresh suit thus was not hit by the bar contained in O.II, R.2, C.P.C.---Leave to appeal was refused by the Supreme Court. ORDER CH. MUHAMMAD ARIF, J.---Challenge in, this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, has been made to the judgment dated 14-10-.1996 passed by the Lahore High Court, Lahore in R.S.A. No.87 of 1996. 2. The background is that the respondent filed a suit against the petitioners for specific performance of sale agreement dated 27-6-1990 whereby petitioner No.1 had agreed to alienate his agricultural land measuring 24 Kanals, detailed in the headnote of the plaint, in favour of the respondent/plaintiff for a sum of Rs.1,65,000 received Rs.15,000 as earnest money; handed over the possession of the suit land and promised to execute sale-deed on payment of the remaining amount of Rs.1,50,000. It was also pleaded by the respondent that when they tried to avoid to execute sale-deed, he filed the suit for specific performance of the agreement, which was…

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