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PROVINCE OF PUNJAB vs DISTRICT JUDGE S — 2022 CLC 908 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 908 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
PROVINCE OF PUNJAB vs DISTRICT JUDGE S
Subject matter
Civil
Provisions referred to
S. 54---S; S. 42---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROVINCE OF PUNJAB VS DISTRICT JUDGE S.54---Specific Relief act (I of 1877), S. 42---agreement to sell---Nature and scope---agreement to sell, per se, would not create title/interest/charge on property, nor would it create ownership in land under the agreement---Person in whose favour such an agreement was made could not claim a decree of title---Such agreement would only create a right to obtain another document and did not require registration though containing acknowledgment of the receipt of earnest/part payment of the price---Decree giving title on the basis of such an agreement to sell was required to be recalled---agreement to sell did not amount to actual transfer of any interest in the property, nor did it create any right/title/interest in immovable property---When a person was put into possession in part performance of the contract, he could use such document as a shield to protect his possession and not as a sword to claim the title---No declaration could be granted on the basis of agreement to sell except grant of decree for specific performance.

Other judgments reported in 2022 CLC

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