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SAID MUHAMMAD versus MUHAMMAD SHARIF


Transfer of Section 12, Property Act (IV of 1882), Section 53 A suit for the specific performance of the claimant sought the performance of the contract to obtain the sale work only in favor of it and it sought The source did not give its title to the suit area through this agreement. In such a case, the issue of the delivery of the possession would be irrelevant because the claimant did not declare the title on the basis of the sale agreement, even though the property was transferred to a party by a contract after the transfer of the title to section 33 of the Property Act. Will be protected under A. , 1882, but when the party did not give title to the suit land, it merely requested the court to direct the performance of the contract to produce another document in favor of the person seeking the declaration, but no case for specific performance. There is no restriction. The basis of such an agreement, provided under section 12 of the Special Relief Act, 1877, was that the effect of a contract to sell immovable property was that the seller / seller would be bound by the scope for the specific performance of a fair contract. Promising against the seller / seller, but the seller does not have any right to the suit land, if the plaintiff / plaintiff / seller who failed to execute the suit pays the purchase of the land. The sale process in favor of the plaintiff will be authorized by the plaintiff against the plaintiff, for a special performance case. The execution of the sale agreement in favor of the guilty plaintiff was under legal obligation. The suit was rightly ordered by the court.

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