1989 PLP 1975 (MLD)

The plaintiff has filed this suit for specific performance of contract against defendants Nos.1 to 13.

2. A residential plot bearing No.128-B, Block N, North Nazimabad Karachi admeasuring about 520 Sq. Yards was allotted by K.D.A. (defendant No.13) to one late Sarfraz Khan who received allotment order from the defendant No.13 after payment of all dues. On 16-8-1967 the said Sarfraz Khan entered into an agreement of sale of the said plot with the plaintiff for consideration of Rs.6,000 and the entire amount was received by the late Sarfraz Khan on signing of the sale agreement. A Power of Attorney was also executed by the seller in the name of Muhammad Aqil, husband of the plaintiff enabling to perform all acts, deeds etc. in respect of registration of documents and to perform all formalities required for completion of the sale. Before the sale could be completed Muhammad Aqil died, therefore, Sarfraz Khan executed another irrevocable Power of Attorney in the name of Muhammad Amil son of plaintiff, A fresh agreement of sale was also executed by Sarfraz Khan on 31-3-1972 and the defendant No.13 also acknowledged delivery of possession of the plot in question to the said Muhammad Amil as attorney of late Sarfraz Khan.

3. Sarfraz Khan thereafter, died on 6-10-1972 leaving behind the defendants Nos.1 to 12 as his legal heirs alongwith Sakina Begum his widow also died later leaving behind the defendants as the sole legal representatives of late Sarfraz Khan.

4. Thereafter, one of the legal representatives namely Saleeq Khan attempted to get the plot in question transferred in the names of the defendant in the records of the defendant No.13 as he got an advertisement published in daily Huriyat dated 18-11-1974 to that effect. The defendant No.13 informed the said Saleeq Khan that his request for transfer of allotment in the names of legal heirs or Sarfraz Khan could not be considered until the case was decided by a Court of law. The said defendant realising his mistake later, advertised in the newspaper dated 21-11-1974 that he had withdrawn his notice dated 8-11-1974. Thereafter, defendant Saleeq Khan on behalf of defendants Nos.1 to 12 executed a writing accepting the sale of plot in favour of the plaintiff by their predecessor and relinquishing their rights or claims in the plot in question.

5. The defendants thereafter avoided to complete the same on one pretext or the other and hence the instant suit.

6. The defendants Nos.l. to 12 were served through publication of notice in the newspaper Morning News dated Ist November, 1985 but they failed to appear with the result that ex parte proceedings were ordered against them on 26-1-1986.

7. Thereafter, the plaintiff has filed affidavit in ex parte proof in support of the averments made in the plaint. Copies of the said agreement, irrevocable Power of Attorney and all documents of title of late Sarfraz Khan in respect of the property in dispute have been filed alongwith the plaint.

8. The suit is, therefore, decreed against defendants Nos.l to 12 as prayed with costs and the defendants are directed to execute proper pre-lease transfer documents and declaration and to get the plaintiffs name mutated in the records of defendant No.13 and to perform all other acts necessary for completion of the sale transaction and perfection of the plaintiffs title in the plot in question namely Plot No.128-B, Block N, North Nazimabad, Karachi.

9. The suit against defendant No.13, is however, dismissed as no relief has `peen claimed against the said defendant and also due to the fact that the learned counsel for the plaintiff has not pressed for any decree against the said defendant. H.B.T./'R-91/K??????????? Suit decreed.