Law:

Section:

Specific Relief Act (I of 1877)------ ----S. 12---Constitution of Pakistan (1973), Art. 185(3)---Suit for specific performance of agreement to sell land---Contention of the petitioner (defendant in the suit) was that he had never entered into an agreement to sell with the plaintiff since one of the conditions of grant of land was that the same could neither be transferred by the grantee or his legal heirs, executors and assignees nor they could lease, mortgage, gift or sell the land without permission in writing of the Deputy Commissioner--­Petitioner further contended that Courts below had not dealt with the said aspect of the matter as such the question of transfer of land by way of agreement to sell, did not arise---Counsel of the plaintiff also admitted that the Courts below had not adverted to the said condition of the grant of land---Leave to appeal was granted by the Supreme Court to consider, inter alia, the impact of violation of the said condition on the subject ­matter. ORDER ABDUL HAMEED DOGAR, J.------Petitioner Bijar Khan seeks leave to appeal against the judgment, dated 31-5-2002 passed by a learned Judge in Chambers of the High Court of Sindh, Hyderabad Circuit, Hyderabad, whereby R.A. No.2 of 1987 filed by him was dismissed. 2. Briefly, stated the facts leading to the filing of the instant petition, are that agricultural land measuring 19.28 acres situated in Deh Khani, Taluka Samaro, District Mirpur Khas, was purchased by the petitioner in an open auction from the Government on instalment basis. On 10-9-1969, the petitioner executed an agreement to sell of the above land in consideration of Rs.5,910 in favour of Ghaus Muhammad deceased, the predecessor-in-interest of the respondents. At the time of agreement, the petitioner paid Rs.2,000 as earnest money and handed over the possession of the land to Ghaus Muhammad deceased­ respondent. After the auction, the disputed land was confirmed in favour of the petitioner, said Ghaus Muhammad approached him for executing a regular sale-deed but the petitioner refused, therefore, Ghaus Muhammad, predecessor-in-interest of the respondents filed the suit for specific performance of the contract before the…

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