Law: Civil Procedure Code (V of 1908)

Section: S.12(2),11,O.II,r.2,O.VII,r.11

Law: Civil Procedure Code (V of 1908)

Section: S.12(2),11,O.II,r.2,O.VII,r.11

Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Maintainability---Scope---Mutation in respect of suit land earlier was sanctioned in favour of respondent under a decree---Petitioners challenged entitlement of respondent in respect of land in dispute---Agreement was arrived at between the parties, whereby respondent acknowledged that he was not entitled to land in dispute and mutation thereof---Respondent agreed that in case a suit was brought against him, he would concede the claim of petitioners---Petitioners instituted the suit against respondent on the basis of the agreement between the parties according to which a conceding written statement was to be filed by respondent---Said suit, however, was contested by respondent alleging that he never entered into the alleged agreement and that he did not file any conceding written statement---Courts below despite holding that agreement was executed by respondent and that he did file conceding written statement, dismissed suit filed by petitioners holding that instead of suit for declaration, petitioner should have brought the suit for specific performance---Validity---Execution of agreement between parties and conceding written statement filed by respondent were duly proved by the petitioners when the rights of the petitioners under the agreement were denied by the respondent---Case squarely fell within the purview of S.42 of Specific Relief Act, 1877---View formed by the courts below that petitioners should have filed the suit for the specific performance was absolutely misconceived---Impugned s and decrees were set aside and suit filed by the petitioners against respondent stood decreed as prayed for. Taqi Ahmed Khan for Petitioners. Ch. Muhammad Yaqub Sidhu for Respondents. Date of hearing: 11th October, 2007. JUDGMENT MIAN SAQIB NISAR, J.---The dispute between the parties relates to the land measuring 20 Kanals and 3 Marlas, which under the decree, dated 1-12-1973, on the basis of which; the Mutation No.974, dated 28-7-1986 was sanctioned, was given to Mairaj Din respondent No.1, who was the real brother of Sardar Muhammad, the predecessor of the petitioners; subsequently, the legal heirs…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492