Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-----------Art. 31---Civil Procedure Code (V of 1908), O.VI, Rr.1 & 2--­Admission made in plaint---Could not be ignored or lost sight of by Court. (b) Pleadings--- ---- No person could be allowed to lead evidence beyond the scope of his pleadings---If such evidence was produced, same would be ignored by Court. Jarri Ullah Khan for Appellant. Syed Riazul Hassan Gillani with Idrees Ahmad Sheikh for Respondent. Date of hearing 29th April, 2002. JUDGMENT MIAN SAQIB NISAR, J.---Suit for specific performance filed by Khushi Muhammad (plaintiff) deceased, now represented by his successor against the appellant and respondents Nos.2 to 4, was allowed, but qua the subsequent vendees, the respondents Nos.5 to 6, it has been dismissed, hence this appeal. 2. Briefly stated the facts of the case are that on 19-1-1987, plaintiff brought a suit for specific performance of an agreement to sell dated 4-7-1983, executed between him and respondents Nos.2 to 4, for sale of the suit land, measuring 128 Kanals and 14 Marlas, agreed to sold to him by the said respondents, for a total consideration of 11,21,000, out of which, he claimed to have paid to the respondents amount of Rs.10,21,000, as earnest money and on the payment of ordinance amount of Rs.1,000 sought enforcement of the agreement the plaintiff impleaded the appellant as defendant No.4 in the suit on the ground, that he has subsequently, purchased the suit land, from respondents Nos.2 to 4 and further sold a part of this land to defendants Nos.5 to 6 who were arrayed as defendants Nos.5 to 6. 3. As per paragraph No.2 of the plaint, it is the case of the plaintiff that respondents Nos.2 to 4,, had filed a suit for pre-emption qua the suit land against the vendees,, which was decreed in their favour; they were short of the pre-emption price and had approached the appellant, for the payment of requisite amount to them with the promise that when land is transferred in their favour, they shall sell the same to the appellant. The appellant agreed to the above proposal but had reservation that because the land has not so far been transferred in their favour, thus he imposed the condition that…

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