Mohammad Hussain Shah vs Mirza Almas Ali Beg — 1972 PLD 25

Citation: 1972 PLD 25

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as PLD 1972 Supreme Court 25

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, JUDGMENT Reported As: PLD 1972 Supreme Court 25 Result: Appeal dismissed Judgment JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in R. S. A. No. 228 of 1966, dated the 22 April 1969. By this judgment the appeal was allowed and 5the parties were left to bear their own costs. The facts leading to this appeal are that the plaintiff-respon--dent No. 1 entered into an agreement for sale in respect of land measuring 8 marlas bearing Khasra No. 2403/1, situate in Ihata Bibi, Misri Shah, Lahore, with Mirza Almas Ali Beg, respondent No. 3. At first he agreed to purchase the land for Rs. 2,500 on the 24th April 1957, and paid Rs. 500 as earnest money, but as respondent No. 3 delayed the completion of the sale, the price was raised to Rs. 3,500 on the 18th December 1957. A fresh agreement of sale, Exh. P. 4, was executed between the parties. In spite of this agreement, respondent No. 3 sold the property in dispute to Mohammad Hussain Shah, the predecessor-in- interest of the appellants for Rs. 4,000 by sale deed, dated the 29th March 1958. This led respondent No. 1 to file Suit No. 119/1 of 1959 in the Court of Mr. Salahuddin Mirza, Civil Judge, Lahore, for specific performance of the contract. He alleged that respondent No. 3 has committed breach of the contract and has illegally…

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