NIAHMOODUL HASSAN AND Another vs MUEINMNIAD SHARIF AND ANOTHER — 1970 PLD 97

Citation: 1970 PLD 97

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-05-20

Parties: NIAHMOODUL HASSAN AND Another vs MUEINMNIAD SHARIF AND ANOTHER

Headnotes

Case cited as PLD 1970 Azad J & K 97

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Yousaf Saraf Title: NIAHMOODUL HASSAN AND Another vs MUEINMNIAD SHARIF AND ANOTHER Case No.: Civil appeal No. 6 of 1969 Date of Judgment:1970-05-20 Reported As: PLD 1970 Azad J & K 97 Result: Appeal dismissed JUDGMENT JUDGMENT This is plaintiffs first appeal against a judgment and decree passed by the District Judge, Poonch on 10-7-1969. Brief facts are that the appellants' father Abdul Rashid executed what purports to be an agreement dated 22-12-1960 to sell in favour of respondent No. 1 whereby he sold 2 kanals of land for a consideration of Rs. 500. The entire sale price was received by him at the time of executing the agreement and possession of the land was handed over to respondent No. I at the same tine but for some reasons, not apparent from the record, instead of executing a sale deed out-right, an agreement to sell was executed stipulating that a sale deed would be executed in due course of time which not having been executed, for reasons not traceable from the record, the transferee brought a suit in the Court of Sub-Judge, Rawalakote for specific performance. On 9-4-1964 a compromise was arrived at as a result of which a decree for specific performance of the contract was passed in favour of the plaintiff i.e., respondent No. 1 in this appeal. Consequently on 11-4-1964 Abdul Rashid executed a registered sale deed in favour of the transferee where in the above facts have been narrated…

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