2006S1104 (PLP)
ABDUL JABBAR through L.Rs. and others — Petitioners Versus ABDULLAH through L.Rs. and others — Respondents
| Citation | 2006S1104 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Muhammad Raza Khan and Falak Sher, JJ |
| Parties | ABDUL JABBAR through L.Rs. and others — Petitioners Versus ABDULLAH through L.Rs. and others — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2006S1104 (PLP)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006S1104 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Muhammad Raza Khan and Falak Sher, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006S1104 (PLP) (ABDUL JABBAR through L.Rs. and others — Petitioners Versus ABDULLAH through L.Rs. and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A. Karim Malik, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 18th June, 2004.
Headnotes / Summary
(On appeal from the order dated 26-3-2003 passed by the Lahore High Court, Lahore in C.R. No.412-13 of 1986).
S. 12
Colonization of Government Lands (Punjab) Act (V of 1912), S.19
Constitution of Pakistan (1973), Art. 185(3)
Suit for specific performance of agreement to sell
Agreement in favour of plaintiff was made in year 1977
Vendor, after acquiring proprietary rights, sold land to defendant in year, 1979
Plaintiff thereafter filed suit in year 1979
Appellate Court decreed suit, which on revision was maintained by High Court by opining that suit was not time-barred for having been instituted subsequent to acquisition of proprietary rights on basis of which sale-deed was executed in favour of defendant; and that agreement to sell was not hit by mischief of S.19 of Colonization of Government Lands (Punjab) Act, 1912
Such concurrent findings of fact recorded by two Courts below being duly borne out from evidence adduced were unexceptionable
Supreme Court dismissed petition and refused leave to appeal. Muhammad Iqbal v. Mirza Muhammad Hussain PLD 1986 SC 70; Akhtar Ali v. Muhammad Hanif PLD 1986 SCMR 604 and Muhammad Afzal v. Rehmat Ali 1991 SCMR 1785 ref.
Judgment & Decree
FALAK SHER, J.
Leave to appeal is being sought against the judgment of a learned Judge of the Lahore High Court, dated 29-11-2002 declining petitioners' Civil Revision (412-13 of 1986) maintained the judgment and decree of an Additional District Judge, Toba Tek Singh, dated 771-986 decreeing Abdullah predecessor-in-interest of respondents 1 to 7's suit for specific performance of the agreement to sell dated 13-11-1976 (Exh.P.1) qua his share of the spelt out land reversing the findings of the trial Court dated 31-5-1984, and cancelling the sale-deed dated 25-7-1979 (Exh.P.3) qua the same in favour of Abdul Jabbar petitioner's predecessor-in-interest.
2. Late Abdullah acclaiming to have covenanted to purchase 1/2 share of the within mentioned agriculture land along with the residential Ihata situated' in Chak No.761/G.B. Toba Tek Singh conjunctively with Dilmeer and Abdul Jabbar respondent in specified shares viz. 6 acres by Abdullah; 3 acres by Dilmeer and 3/4th by Abdul Jabbar from Syed Faqir Hussain Shah predecessor-in-interest of respondents 8 to 14 for a consideration of R.66,000 defraying Rs.36,015 as the earnest money, out of the balance Abdullah was to pay Rs.23,239 and Dilmeer Rs.6,744 at the time of registration of the conveyance deed by 31-3-1977, Abdul Jabbar having cleared his entire dues; which did not materialize instead the vendor alienated, the entire land to Abdul Jabbar, including Abdullah's share through conveyance deed dated 25-7-1979 for a consideration of Rs.1,60,000 impelling him to file a suit for specific performance of the agreement to sell (155 of 1979) qua his share and cancellation of Abdul Jabbair's sale-deed concerning the same. Which upon contest was dismissed by the trial Court on 31-5-1984 inter alia opining that the respondent had failed to perform his part of `the agreement in tendering the balance sum within the stipulated period; that the suit was barred by time and the agreement to sell was void being contrary to section 19 of the Colonization of Government Lands (Punjab) Act, 1912.
3. However, on appeal reversing the findings an Additional District Judge, Toba Tek Singh decreed the suit on 7-1-1986 which on revision was maintained by a learned Judge of the Lahore High Court dismissing petitioners' civil revision holding that neither the suit was barred by time for the same having been instituted subsequent to the acquisition of proprietary rights on the, basis of whereof sale-deed dated 25-7-1979 (Exh.P.3) was executed in favour of Abdul Jabbar petitioner; and agreement to sell was not hit by the mischief perceived by section 19 of the Colonization of Government Lands (Punjab) Act, 1912, placing reliance on the following precedent law: Muhammad Iqbal v. Mirza Muhammad Hussain PLD 1986 SC 70, Akhtar Ali v. Muhammad Hanif PLD 1986 SCMR 604 and Muhammad Afzal v. Rehmat Ali 1991 SCMR 1785 Vide the impugned judgment, dated 26-3-2003.
4. Hence the captioned petition for leave to appeal, contending misreading of evidence. Which, however, he failed to establish. Since having gone through the entire evidence with the assistance of the learned counsel for the petitioner, we are of the opinion that the concurrent findings of fact recorded by the two Courts below being duly borne out from the evidence adduced are unexceptionable.
5. Resultantly, the petition is devoid of any substance, thus, fails and is hereby dismissed, leave declined. S.A.K./A-91/SC Leave refused.