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SYED ISHAQUE HUSSAIN RIZVI versus SHEIKH MUBARIK ALI


Sections 12 and 8 of the Civil Code (v. 1908), suit for the specific performance of the land sale contract, before the acquisition of the proprietary rights, the sale of the land to the defendants was signed and thereafter Also signed a contract. The sale agreement with the appellants through his lawyers, knowing the subsequent agreement, was litigated and the parties subsequently agreed, in that case, a contractual agreement between the parties. was done. The property will be bound to compromise the order and it will lose its independent status, but upon approval of the decree the agreement between the parties will be completely free and on the basis of such agreement, for specific performance. The suit and the possession of the land which the claimants did not constitute in their favor under the contract may not be conclusive in accordance with the terms of Section 47, CPC under the Article and, consequently, the technical Due to the objection, the case will not be defeated, as per the decree, capable of complying with the declaration, such as 47, CP will not be implementing the provisions. The case will not be put on hold, the matter will be presented under the law, and its principles will be targeted and the appellants will not be considered a better buyer under which they acquire this title. What was The suit, on the basis of 2/3 of the shares under the order and 1 / 3rd of the shares on the basis of the sale agreement, was an independent transaction, and the High Court held that the contract was void, violating the final result of the law. This page

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