GHULAM MOHAYYUDDIN AND Another vs SHER KHAN AND 4 Other — 1970 SCMR 200

Citation: 1970 SCMR 200

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-10-20

Parties: GHULAM MOHAYYUDDIN AND Another vs SHER KHAN AND 4 Other

Headnotes

Case cited as 1970 SCMR 200

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: GHULAM MOHAYYUDDIN AND Another vs SHER KHAN AND 4 Other Case No.: Civil Petition for Special Leave to Appeal No. 323 of 1969 Date of Judgment:1969-10-20 Reported As: 1970 SCMR 200 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The petitioners brought a suit for specific performance of a contract for the sale of 200 kanals of land situate at Chak No. 14/D. N. B., Sub-Tehsil Yazman, District Bahawalpur, together with Ahata situate at the said Ckak. This land was originally allotted to Siddique Bhutta of Tehsil Sargodha, who died and was survived by Slier Khan, Ghulam Hussain and Fateh Sher, his sons acid Muhammad Iqbal and Mohammad Afzal, grandsons by his fourth son Sardar Ali. The petitioners alleged that sometime before 1943, the said grant was confiscated on account of non-compliance with the conditions of the grant. Thereupon, Sher Khan acting for himself and Mukhtar-e-Aam of other co-sharers entered into an agreement with them to the effect that if they got the grant restored at their expense and paid the Government dues, Sher Khan and others would transfer the said land and Ahata to them in consideration of Rs. 4,000. Rs. 2,000 being payable forthwith and Rs. 2,000 being payable at the time of the attestation of the mutation. They further alleged that they got the grant restored at the expense of Rs. 600, in addition to this, they paid Rs. 500 to Sher Khan and deposited…

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