ANJUM REHMAT versus GULAM SADIQ

The specific performance of the XXXIX, rr 1 & 2 and Special Relief Act (I of 1877), Section 12 injection real estate sale contract Prima Flye plaintiff is able to show that the sale contract law in their favor Fixed the violation The transfer of real estate cannot be relieved by the payment of the money, the balance of the facility also has to keep the property available in the case filed in favor of the plaintiffs.

1981 C L C 276

[Karachi]

Before K. A. Ghani, J

ANJUM REHMAT AND ANOTHER‑Plaintiffs

versus

(RTD.) SQN/LDR. Sheikh GULAM SADIQ‑Defendant

Suit No.879 of 1979, decided on 12th December, 1980.

Civil Procedure Code (V of 1908)‑

0. XXXIX, rr. 1 & 2 and Specific Relief Act (I of 1877), S. 12 Injunction‑Specific performance of contract of sale of immovable pro perty‑Prima facie plaintiffs able to show that they have an agreement of sale in their favour‑Law settled that breach of contract of transfer of immovable property cannot be relieved by compensation in money Balance of convenience also lying in keeping property available in case suit decreed in favour of plaintiffs‑Injunction granted restraining defendant to alienate property.‑[Injunction].

Perveen Begum's case P L D 1956 Kar. 521, and Abdul Karim v. Muhammad Shafi 1973 S C M R 225 ref.

Faizuddfn for Plaintiffs.

Wajihuddin and Abdus Sattar for Defendant.

Sohail Muzaffar Advocate for Shaikh M. Rafig for the Intervenor.

Dates of hearing : 23rd and 24th November, 1980.

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