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MUHAMMAD SHARIF versus HASSAN DIN


Special Relief Act 1877 Sections 15, 16, 17 and 26 of the Government Land Colonization (Punjab) Act (V of 1912) Section 19 Contract for the sale of property for specific performance was filed by the plaintiffs / defendants. Was. On the basis of the suit landowners, the defendants / appellants, the sale agreement, some of the defendants / appellants who were also parties to the agreement had a new agreement with the owners of the land and a registered sale / defendant was excluded. In the subsequent agreement, however, the possession of the land was with the plaintiff / defendant, as a result of the earlier agreement the trial court ruled in this case and the lower appellate court decided the defendants / appellants. The appeal filed by the source was dismissed. Section 19, Public Land Colonization (Punjab) Act, 1912, which was not obtained by the owners, in the presence of the previous agreement, the subsequent contract and such contract based sale will not be valid, especially When the parties involved in the subsequent agreement were also parties to the previous agreement and had full knowledge of the existence of the previous agreement where the contract was executed shortly after the execution of the contract. The parties were in actual possession of the corpus, the occupying party may demand the specific performance of the contract, then it was partially executed with the delivery of the occupation. Will have no legal option to sell based on. Or the principle of His Holiness the Holiness does not apply, the party in the competence may demand specific performance.

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