Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (IV of 1912)-------S. 19---Execution of agreement to sell prior to obtaining proprietary rights---Scope---Specific performance of agreement to sell was postponed to a date when the grantees would acquire the proprietary rights--­Effect---Such a reservation in the deed itself showed the awareness of the prohibition, the recognition of its legal effect and an effort on the part of contracting parties to keep themselves well within the confines of law and to act in accordance with the requirements of law---Such agreement to sell was not violative of either the express provisions of S.19 of Colonization of Government Lands (Punjab) Act, 1912, or of the public policy behind such statutory provisions. Muhammad Sadique v. Muhammad Ramzan 2002 SCMR 1821 rel. (b) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art. 79---Transfer of Property Act (IV of 1882), S.53-A---Civil Procedure Code (V of 1908), O.VIII, R.1---Specific performance of agreement to sell---Agreement to, sell, proof of---Non-signing of agreement to sell by purchaser---Labelling agreement to sell as forgery in written statement---Plaintiffs asserted that the defendants had received full and final consideration and possession was also handed over to them---Defendants denied execution of the agreement and stated the same as forgery in their written statement--­Trial Court dismissed the suit on the ground of lack of jurisdiction whereas Appellate Court dismissed the appeal holding that agreement was invalid on the ground that it was not signed by the purchaser and there was no acceptance by the purchaser to constitute the agreement--­Validity---Condition prescribed by law for proving the attested document stood fulfilled as both the attesting witnesses' were produced and they admitted execution of the agreement in their presence---Finding of Appellate Court was based on misunderstanding of law and non-appreciation of evidence on record---Execution of the agreement was proved and its terms and conditions amply demonstrated that the agreement was accepted by the purchaser---Contract for transfer of immovable property under the…

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