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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ASLAM VS Respondent: ABDUL REHMAN And Two Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: MUHAMMAD ASLAM vs ABDUL REHMAN And Two Other Case No.:Civil Petition for Leave to Appeal No.212 of 1987 Regular Second Appeal No.
117 of 1984 Date of Judgment:1991-10-31 Reported As: 1991 SCMR 1357 Result: Leave granted Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the acceptance by the High Court, of respondents/defendants' Regular Second Appeal which had arisen out of a suit for specific performance, filed by the petitioner. It had been decreed by the trial Court and the decree had been affirmed by the First Appeal Court. After hearing the learned counsel we consider it a fit case for grant of leave to appeal so as to examine; whether, the failure by the respondents' side to abide by the agreement was justified in fact and law; and whether, the petitioner was not entitled to specific performance of contract; as also whether the High Court should have interfered with the concurrent judgments of the learned two Courts below in exercise of its second appellate jurisdiction. These and other questions raised in this petition require examination. Leave to appeal, accordingly, is granted. Security Rs.5,000. Stay to continue.