Mst. JANAT AND 9 Othms vs PIR BUX — 1967 PLD 859

Citation: 1967 PLD 859

Court: Sindh High Court

Year: 1971

Decision Date: 1971-10-14

Parties: Mst. JANAT AND 9 Othms vs PIR BUX

Headnotes

Case cited as PLD 1967 Kar. 859

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Agha Ali Haider Title: Mst. JANAT AND 9 Othms vs PIR BUX Case No.: First Appeal No. 70 of 1964 Date of Judgment:1971-10-14 Reported As: PLD 1972 Karachi 336 Result: Appeal partly accepted JUDGMENT JUDGMENT AOHA At.t HYDER, J.--This appeal from the Judgment and preliminary decree, dated 11-5-1964, passed by the learned Additional District Judge, Dadu, arises in the following vircumstances :~-- 2. The plaintiff respondent, who is an agriculturist, on the 25th of September 1952, entered into an agreement with the defendant-appellant for the sale of S. No. 284, measuring 5.3 3 acres, situated in deh Sial, Taluka Dadu, for a consideration of its. 1,503.00. The agreement was registered by the sub. Registrar, Dadu, in whose presence Rs. 875.00 were paid by the appellant to the respondent, It is not denied that Rs: 625.03 had been paid earlier, though the rival versions differ in respect of the mode of payment. In part performance of the contract, the possession of the land ryes delivereJ, to the appellant. Ix was stipulated in the agreement, that if the respondent paid back the entire amount of Rs. 1,500.00 on the expiry of 6 months from the date of its execution, the possession of the land would revert and the land would be reeonveyed to him. In case the option was not exercised, the transaction was to be treated as an out and out sale. The payment was not made by the respondent and the possession of the land has ever…

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