Case Details

Citation(s)
2008 SLG 860 2008 SLD 860 2008 CLC 1446
Lahore High Court
Civil Revision No.924-D of 1998, decision dated: 29-06-2006
JAWWAD S. KHAWAJA, J

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Mst. KHALIDA PERVEEN and 6 otherss

VS

MUHAMMAD MAQSOOD through L.Rs. and 2 others

Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreements to sell---Trial Court dismissed the suit but Appellate Court below reversed and decree passed by the Trial Court and decreed the suit---Validity---Counsel for defendants was unable to advert to any such jurisdictional error or other legal infirmity in the impugned , which would justify interference therein while exercising revisional jurisdiction---Impugned appellate decree being unexceptionable, and consistent with the record, could not be interfered with. Amjad Iqbal Sindhu for Petitioner. M. Tahir Naeem for Respondent. Date of hearing: 29th June, 2006. JUDGMENT JAWWAD S. KHAWAJA, J.---The petitioners-defendants impugn the appellant judgment and decree dated 8-12-1997, whereby the decree of the learned trial Court dated 18-12-1995 was reversed and a suit filed by the respondent seeking specific performance of agreements to sell dated 26-1-1978 and 24-4-1978 was decreed. 2. The facts of the case have been elaborately set out, in the appellant judgment and need and therefore, be reproduced in extenso. 3. The petitioners-defendants had denied execution of the agreement of the agreements. The learned Appellate Court, however, noted that the execution of the agreement had been duly proved. Furthermore, there was un-controvertible evidence that the petitioners had executed a power-of-attorney in favour of the brother of the respondent-plaintiff on 26-4-1978, which was then cancelled through abtalnama executed eight years later on 22-11-1986. Learned counsel for the petitioners acknowledged that the respondent and…
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