Law: Specific Relief Act, 1877

Section: 27(b)

Specific Relief Act, 1877 (I of 1877)-- ----S. 27(b)--West Pakistan Border Area Regulations, 1959--(Punjab (Amendment) Ordinance (III of 1981)--S. 11(iii)(b)--Suit for specific performance of an agreement to sell land--Decreed to--Appeal was dismissed--Assailed--Execution of agreement--Payment of amount had duly been proved--Respondent stated without any demur that agreement was entered into and paid amount--Question of--S. 11(iii)(b) of West Pakistan Border Area Regulations 1959 (Punjab Amendment Ordinance, (III of 1981), Condition No. 11 was added in Schedule III to West Pakistan Border Area Regulations 1959--Allottee has sold away land to appellants & respondent and it has been sold with permission of GHQ--Specific performance can be enforced against a person claiming under a party to an agreement of a title arising subsequently to contract--Pleadings as well as evidence on record, findings recorded by Courts below that appellants were aware of agreement are not liable to interference by High Court in second appeal--RSA dismissed. [Pp. 981, 982 & 983] A, B, C, D & E 2003 SCMR 74 & PLD 1972 SC 25, rel. Judgment On 4.3.1989 the Respondent No. 1 filed a suit against the appellants and the remaining respondents. In the plaint, it was stated that Respondent No. 3 was the owner of 203 kanals of land, described in Para-1 of the plaint. He agreed to sell the said land to the Respondent No. l and Respondent No. 4 for a consideration of Rs. 1,00,000/-. He received Rs. 45,000/- as earnest. Thereafter, he appointed Respondent No. 2 as his general attorney by means of a registered document on 6.4.1984. Respondent No. 2 received another sum of Rs. 30,000/- in presence of the Sub-Registrar on 11.3.1986 and got the agreement registered. The balance amount of Rs. 25,000/- was to be paid after permission to be obtained from Deputy Commissioner and GHQ. The date of performance was fixed at 1.6.1986. According to the terms of the said agreement, the share of Respondent No. 4 was 12/203 or 12 kanals while the share of the Respondent No. 1 was 191/203 or 191 kanals. The Respondent No. l had been requesting Respondents No. 2 and 3 to complete the sale but they had…

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