1995 PLP 1207 (CLC)
DILSHAD AHMED KHAN‑‑‑Plaintiff Versus ALI MUHAMMAD and 11 others‑‑Defendants
| Citation | 1995 PLP 1207 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Syed Abdul Rehman, J |
| Parties | DILSHAD AHMED KHAN‑‑‑Plaintiff Versus ALI MUHAMMAD and 11 others‑‑Defendants |
| Primary Law | Specific Relief Act (I of 1877)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 1207 (CLC)?
This judgment primarily cites: Specific Relief Act (I of 1877)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 1207 (CLC)?
The case was heard and decided by the Karachi bench comprising: Syed Abdul Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 1207 (CLC) (DILSHAD AHMED KHAN‑‑‑Plaintiff Versus ALI MUHAMMAD and 11 others‑‑Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S. 12‑‑‑Civil Procedure Code (V of 1908), S. 151 & OXXIII, R. 3‑‑‑Suit for specific performance of agreement to sell‑‑‑Compromise‑‑‑Court directed defendants as per compromise between parties to allow plaintiff to enter upon plot in question and hand over possession of said plot of the value of specified amount which he had already paid to defendants and to get mutation of sale sanctioned by Revenue Authorities‑‑‑Plaintiff on defendant's refusal to do the same would be authorized to get the sale‑deed executed through Nazir of the Court and to get possession of the land through aid of the Court‑‑‑Plaintiff would then deposit the balance amount in Court and would be entitled to get the remaining plots as per terms of compromise by the same process and after completion of the process as per terms of order defendants would be entitled to withdraw the amount deposited in Court. Muhammad Ali Sayeed for Plaintiff. Abdul Karim Lakhan for Defendant.
Judgment & Decree
By consent of the parties and their counsel it is ordered that the order dated 28‑4‑1988 is recalled and in its place the following order is passed:‑‑
1. That the defendants shall allow the plaintiff to enter upon the plots and construct the site office and advertise the sale of the plots and shall deliver to the plaintiff possession of the plots of the value of Rs.30 lacs forthwith. In case the defendants do not allow the plaintiff to enter upon the plots in accordance with this clause the plaintiff will have a right to enter upon the plots through the aid of this Court.
2. The plaintiff shall deposit the balance amount of Rs. 86,00,000 in this Court on or before 3‑11‑1988.,
3. That on plaintiffs depositing the above amount the defendant shall hand over the possession of the remaining plots and create effective title in favour of the plaintiff by mutation in the Revenue Record for which the plaintiff shall cooperate by appearing before Mukhtiarkar concerned. The parties shall inform the Court about the mutation of record as soon as it takes place. If no such mutation is effected or no such possession is delivered then the plaintiff shall be entitled to get the conveyance deed executed by the Nazir of this Court (The plaintiff shall pay stamp duty and bear other expenses) and also shall be entitled to get possession through the aid of this Court.
4. That in case the mutation is not effected and it is found that the defendant has no title to the property then the plaintiff shall be entitled to get back the amount from the Court and shall also be entitled to return of Rs.30,00,000 already paid by him to defendant.
5. After creating effective title in favour of the plaintiff by mutation of Revenue Record, the defendant shall be entitled to get the said amount withdrawn from this Court. He shall also be entitled to get the said amount withdrawn if the Nazir executes the sale deed in favour of the plaintiff and no defect is found in the title of the plaintiff. AA./D‑131/K Order accordingly