Law: Specific Relief Act, 1877

Section: 12

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.10,O.XXII,R.10(1),12(2),151

(a) Specific Relief Act (I of 1877)---S. 12---Civil Procedure Code (V of 1908), O.I, R.10 & O.XXII, R.10(1), Ss.12(2) & 151---Constitution of Pakistan (1973), Art.185(3)---Suit for specific performance of agreement to sell---Allottee, of State land statedly had fulfilled all the conditions of allotment and proprietary rights qua the land were, reportedly, conferred on him---Allottee apprehending resumption of the State land by the Provincial Government, filed suit for permanent injunction restraining the Provincial Government from resumption of said land---Allottee, during pendency of said suit (for injunction), agreed to sell questioned land, vide agreement to sell to the petitioner; allottee did not abide by the terms of the agreement to sell and thereupon the purchaser filed suit for specific performance against the allottee, which was decreed against the allottee by Trial Court, Appellate Court and the High Court---Suit filed by allottee for grant of injunction against Provincial Government was however, decreed in his favour by Trial Court but High Court dismissed the same and held that the resumption of land of the allottee was justified by the Provincial Government---Petitioner/purchaser filed an application under S.12(2) read with S.151, C.P.C. for setting aside the said order which was dismissed by the High Court---Validity---Petitioner/purchaser had agreed to purchase disputed land, vide agreement to sell when suit of allottee against Provincial Government was pending, meaning thereby that the proceedings qua the petitioner, which took off from the date of agreement to sell and ended with the attestation of mutation were undertaken during pendency of the suit, appeal and revision arising out of the suit of allottee against the Provincial Government, thus undoubtedly petitioner/purchaser was a transferee pendente lice---Petitioner/purchaser had stated that allottee during the pendency of the suit had assigned his rights in the disputed land in his favour and in that scenario the case of purchaser was adequately covered under O.XXII, R.10(1), C.P.C. but he did not choose to file any such application and felt satisfied on defending the proceedings…

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