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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: AKHTAR AL1 and others VS Respondent: MUHAMMAD HANIF and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: AKHTAR AL1 and others vs MUHAMMAD HANIF and another Case No.: Civil Petition for Special Leave to Appeal No,409 of 1983 Date of Judgment:1988-11-15 Reported As: 1989 SCMR 604 Result: Leave to appeal refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The petitioners, a defendant side in a suit for specific performance, have sought leave to appeal against the dismissal by the High Court of their Civil Revision. The petitioners' predecessorin-interest had agreed to sell the suit land to the respondents side. Originally, it was State land and the allotment to the petitioner side was subject to section 19 of the Colonization of the Government Lands Act, viz-a-viz the limitation on the alienation. Disputes having arisen the respondents' suit for specific performance, now stands decreed. On facts there are concurrent findings in favour of the respondents. Learned counsel for the petitioners however, relied upon section 19 to argue that the suit could not be decreed in absence of the sanction by the competent authority. When pointed out that the limitation is regarding alienation and not regarding an agreement to alienate and the decree being for the specific performance of the contract would not suffer from any infirmity in this behalf, learned counsel could not advance his argument any further. The impugned judgment does not suffer from any infirmity. Leave to appeal is, therefore, refused.