Citation Name: 2024 YLR 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM HUSSAIN (deceased) vs SHER MUHAMMAD (deceased) O — 2024 YLR 56 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 56 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM HUSSAIN (deceased) vs SHER MUHAMMAD (deceased) O
Subject matter: Criminal
Provisions referred to: S. 12---S; Civil Procedure Code

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

Citation Name: 2024 YLR 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case GHULAM HUSSAIN (deceased) VS SHER MUHAMMAD (deceased) O. VII, Rr. 11 & 13---Specific Relief act (I of 1877) , S. 12---Suit for specific performance of agreement to sell---Rejection of plaint---Cause of action, arising of---Scope---Suit filed by the plaintiff regarding agreement to sell/ transfer of proprietary rights qua suit-property (state land) was concurrently decreed in his favour---Contention of the petitioners (vendors/defendants) was that the Province of the Punjab('the Province') had not granted proprietary rights of the suit-property to them yet---Validity---Record revealed that suit-property was still owned by the Province and the state retained its powers to deny the proprietary rights to the petitioners/defendants in case of any violation, hence both the Courts below, while passing the impugned judgments and decrees , failed to appreciate the material fact that the respondent/plaintiff had filed suit for specific performance before arising cause of action as the alleged agreement to sell could not be enforced until proprietary rights were confirmed by the Province to the petitioners/defendants---High Court set-aside the impugned judgments and decrees having been passed in favour of respondent/plaintiff; and rejected the plaint filed by the respondent/plaintiff under R. 11 read with Rule 13 of O. VII of Civil Procedure Code, 1908---Revision was allowed, in circumstances.

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