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TANVEER MAHBOOB versus HAROON


Special Relief Act 1877 Sections 12 and 39 Constitution of Pakistan (1973), Article 185 (3) allow the courts to sell the suit in favor of the plaintiffs for the specific performance of the execution by the owners and the cancellation of the sale. Was ordered under a contract of justification. The plaintiffs had the condition that they should be deprived of any right or title to the property in order to take some legitimate action in the future. Such a contract was not found to be genuine by the courts below, therefore, on that basis The agreement to be executed will have to be put into practice. And the originality of the agreements, on the basis of which the plaintiffs had settled their claim, was properly resolved by the appellate court, which would not be open to question by a re-examination of the evidence before the Supreme Court. Failure or comprehension of the evidence could not be detected. Therefore, no exemption can be made from the view taken by the appellate court.

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