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Specific Performance an Agreement of Sale 2019 LHC 2959

2019 LHC 2959 Specific Performance an Agreement of Sale

2019 LHC 2959 Specific Performance an Agreement of Sale: Mrs. Samina Qureshi, Advocate for the petitioners. Mr. Abdul Ghaffar Chughtai, Advocate for respondents. This revision petition arises from judgments of the courts below dated 09.2.2018 and 15.6.2019 in terms whereof the suit for specific performance was dismissed and appeal against the same was declined.

  1. Petitioners/plaintiffs filed a suit for specific performance of an agreement of sale dated 30.12.2000, claiming that in terms of the alleged agreement respondent No.4 contracted to sell land measuring 100 kanals for a total sum of Rs.6,50,000/-. It was further alleged that respondent received Rs.3,85,000/- as earnest money and thereafter balance consideration was discharged on 16.11.2009 and 16.5.2012 by respective payments of Rs.2,00,000/- and Rs.1,00,000/- and that the alleged sums were acknowledged through receipts. It was also alleged that the respondent was to seek permission under section 19 of the Colonization of Government Lands (Punjab) Act, 1912 for the alienation of the suit property which was avoided and ultimately refused and in view thereof the suit for specific performance was instituted to enforce the agreement.
    Respondent No. 4 contested the suit, denied the Civil Revision No.390-D of 2019 -2- existence or execution of sale agreement or the receipts of any payment pursuant to any agreement as alleged. The suit was dismissed by the learned trial court vide judgment dated 09.2.2018, after considering the evidence of parties. Appeal of the petitioners against dismissal of suit was also turned down by the learned Addl. District Judge on 15.6.2019. In this revision petition the validity of both the judgments is now under challenge. Download

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