Law:

Section:

(a) Interpretation of documents------- No clause of agreement arrived at between parties would be read in isolation, but agreement was to be read as a whole---Court had to keep document alive and binding according to the intention of parties---In case of inconsistency, effect must be given to that part which was calculated to carry into effect the real intention of the parties as gathered from the instrument as a whole and that part which would defeat it, must be rejected. House Building Finance Corporation v. Shahinshah Humaymi Cooperative House Building Society and others 1992 SCMR 19 and Mst. Aisaha Bibi and 5 others v. Ghulam Abbas and 5 others 1993 SCMR 804 at 805 ref. (b) Specific Relief Act (I of 1877)--- ---Ss. 12 & 17---Suit for specific performance of agreement of sale--­Agreement of sale, enforcement of---Where agreement was not treated as an agreement to sell, no question would arise of its enforcement in its entirety or in parts under S.17 of Specific Relief Act, 1877. Mst. Noor Jehan and others v. Muhammad Rafique and others 1995 CLC 43 ref. Sh. Nasir Saeed for Appellant. Raja Khalid Ismail Abbasi for Respondent. Date of hearing: 22nd October, 2002. JUDGMENT This appeal impugns the judgment and decree dated 20-4-1998 passed by learned Additional District Judge, Rawalpindi dismissing the appeal of the appellant filed against the judgment and decree dated 17-2-1997 passed by the Civil Judge, Rawalpindi whereby he dismissed the suit of the appellant-plaintiff to the extent of relief for specific performance of agreement dated 27-11-1991. 2. The appellant being plaintiff filed a suit for specific performance of an agreement, possession and permanent injunction in the Court of learned Civil Judge, Rawalpindi. The defendant-respondent had borrowed a sum of Rs.1 lac from the appellant-plaintiff and executed a receipt as well as an agreement dated 27-11-1991 in which the defendant­respondent acknowledged his liability. The defendant-respondent agreed to return the said amount within a period of one year and undertook to hand over physical possession of House No.765/10-E-1, situated at Dheri Hassanabad, Rawalpindi owned by the respondent, to the…

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