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SAHIB DAD versus PROVINCE OF PUNJAB


Section 12 Civil Procedure Code (V8 1908), OI, R 10 & O XXII, R 10 (1), Sections 12 (2) and 151 Constitution of Pakistan (1973), Article 185 (3) for the specific performance of the sales contract The suit state land clearly fulfilled all the conditions of allotment and ownership rights to the land; allegedly, it was awarded by the provincial government with the arrest of the state land restoration, and the provincial government again. The lawsuit was filed for a permanent injunction to stop the start. He said that the land, during the restriction of the aforementioned claim (for injunction), agreed to sell the land questioned, under a contract to sell to the applicant. Altey did not comply with the terms of the sale agreement and the buyer subsequently filed a special performance lawsuit against Altey, whereby the trial against the Altae, the Appellate Court and the High Court suit allowed Alty to withdraw the order. Was filed by However, the trial court ruled in favor of them by the trial court, but the high court rejected it and said that the petitioner / buyer of the provincial government was allowed to recover the allotted land along with Section 151, CPC. Filed an application under section 12 (2) of the reading. In order to determine the order which the applicant / buyer of the High Court had agreed to purchase the disputed land, when the allotment case against the provincial government is pending, the contract of sale will mean That the action has been terminated by the applicant. The issue of termination from the date of sale agreement and confirmation of mutation was made during the approval of the needle.

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