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BIJAR KHAN versus GHOUS MUHAMMAD


Section 12 Constitution of Pakistan (1973), Article 185 (3) The suit applicant (Defendant in respondent) for the specific performance of the land sale agreement held that he never entered into a contract to sell with the claimant. Was. The terms of the grant of the land were that they could not be exchanged by the grantor or his legal heirs, executives and assistants, nor could he lease, mortgage, gift or sell the land on the written permission of the Deputy Commissioner Petitioner. ? The following was not dealt with in the said aspect such as the question of land transfer issue by agreement was not raised. The Council of the plaintiff did not even acknowledge that the courts below did not accept the said condition of the grant. Was. The Supreme Court approved a land holiday to appeal, however, considering its implications for the breach of this condition.

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