Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 12---Suit for specific performance of agreement of sale---Plaintiff had claimed that defendants had entered into an agreement to sell land in his favour and defendants denied the execution of agreement as alleged by the plaintiff---Receipt on record was signed by husband of one of the defendants and brother of other, but same was-not executed by him in his capacity as attorney of defendants---Execution of alleged oral agreement of sale had not been proved from evidence on record, 6ut.there appeared to be an agreement-in respect of only one Kanal out of 4 Kanals and 16 Marlas which had been admitted by defendants in their written statement---Plaintiff, in circumstances, at best was entitled to the specific performance of agreement in respect of one Kanal only for consideration---Decree in favour of plaintiff was passed for one Kanal only which was in possession of the plaintiff---Trial Court would refund balance amount which had been deposited by plaintiff pursuant to decree passed by Trial Court in his favour. Atta-ul-Mohsin Lak for Petitioners. Khan A. Hameed Khan for Respondents. Date of hearing: 9th July, 2002. JUDGMENT This revision petition impugns the judgment and decree dated 20-10-1998 passed by the learned Additional District Judge, Hafizabad. By means of the impugned judgment and decree the decree dated 13-7-1995 passed by the learned Civil Judge, Hafizabad, was set aside and as a consequence the suit filed by Khadim Hussain petitioner (hereinafter referred to as the plaintiff) was dismissed. 2. The facts of this case are vehemently contested between the parties. The plaintiff claims that the defendants entered into an agreement to sell 4 Kanals, 16 Marlas of land situated in Chak Ghulla, Tehsil Hafizabad in favour of the plaintiff. This fact, however, is denied by the defendants. There is a receipt Exh.P.1 on the record, which has been signed by Hameed Ullah husband of defendant No.1. namely, Mst. Rasheda Khanum: The said receipt does not purport to have been executed in his capacity as attorney of his wife Mst. Rasheda Khanum or the defendant No.2 namely Mst. Siddiqa Khanum, who is the sister of defendant…

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