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Initializing Secure Chambers
Petitioner: ATTA MUHAMMAD and 2 others VS Respondent: HAKIM ALI and 3 others
Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Muhammad Afzal Zullah, Syed Usman Ali Shah Title: ATTA MUHAMMAD and 2 others vs HAKIM ALI and 3 others Case No.: Civil Petition for Leave to Appeal No,96/R of 1988 Date of Judgment:1989-04-12 Reported As: 1989 SCMR 1113 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendant side in a suit for specific performance; against the dismissal by the High Court, of their Civil Revision. ' The learned counsel in the very outset stated that all other questions relating to the rights of the respective parties--the petitioners side are the second Vendees, having been settled by the Supreme Court in an earlier litigation, the petitioners have only one point to urge in support of this petition. The Supreme Court judgment referred by the learned counsel is 'Hakim Ali and another v. Atta Muhammad and others 1981 SCMR 993. The point now urged is that according to pleadings of the respondents side as also other material on record including averments in the agreement relied upon from the respondents side, they could be compensated by payment of money, therefore, the discretionary relief for specific performance should not have been allowed. ' After hearing him, at some length, on this question we feel that the discretion has rightly been exercised in favour of the plaintiff side and in any case the High Court having noticed this argument disposed it of with adequate reasons which do not suffer from any such infirmity so as to invoke interference by this Court. Leave to appeal, accordingly, is refused.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.