KHALIL ASGHAR AND Another vs Sh. SANA ULLAH AND Another — 1971 SCMR 778

Citation: 1971 SCMR 778

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-05

Parties: KHALIL ASGHAR AND Another vs Sh. SANA ULLAH AND Another

Headnotes

Case cited as 1971 SCMR 778

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan Title: KHALIL ASGHAR AND Another vs Sh. SANA ULLAH AND Another Case No.: R. S. A. No. 334 of 1911 Civil Petition for special heave to Appeal No. 170 of 1971 Date of Judgment:1971-11-05 Reported As: 1971 SCMR 778 Result: Petition dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J-This petition for special leave is directed against the decision of a Division Bench of the Lahore High Court, made in Second Appeal, concurring with the two Courts below in decreeing the respondents' suit against the petitioners for specific performance of an agreement to sell a plot of land measuring 3 kanals 10 marlas together with the structures built thereon, situated on Mayo Road, Rawalpindi. The document, which was the basis of the suit, recited that the petitioners had sold the land for a sum of Rs. 18,000 to the respondents, who were also put into possession. However, due to some technical difficulties, the land for the time being was being mortgaged with the vendees. The document further stated that as the total sale consideration had been paid, as soon as the technical difficulties are removed, the petitioners will execute a sale-deed in favour of the vendees. The petitioners resisted the respondents' suit, firstly, on the ground that the document in question was spurious, having been surreptitiously prepared on a blank stamp paper, and that the petitioners had only executed a mortgage deed in favour of the…

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