Rao ABDUL REHMAN (DECEASED) vs MUHAMMAD AFZAL (DECEASED) Ss — 2023 SCMR 815 SUPREME-COURT

Case information

Citation: 2023 SCMR 815 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: Rao ABDUL REHMAN (DECEASED) vs MUHAMMAD AFZAL (DECEASED) Ss
Subject matter: Civil
Provisions referred to: S. 54---A; Property Act (IV of 1882)

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

Rao ABDUL REHMAN (DECEASED) VS MUHAMMAD AFZAL (DECEASED) Ss. 12 & 42---Transfer of Property Act (IV of 1882), S. 54---Agreement to sell---Suit for specific performance and declaration---Scope---On the basis of a sale agreement, no legal character or right can be established to prove the title of the property unless the title is transferred pursuant to such agreement to sell, but in case of denial or refusal by the vendor to specifically perform the agreement despite the readiness and willingness of the vendee, a suit for specific performance may be instituted in the court, but suit for declaration on the basis of a mere sale agreement is not the solution for appropriate relief.

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