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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. REHMOON MAI and 21 others VS Respondent: Mst. RASOOL BIBI and 7 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: Mst. REHMOON MAI and 21 others vs Mst. RASOOL BIBI and 7 others Case No.: Civil Petition for Leave to Appeal No, 964 of 1985 Date of Judgment:1989-06-14 Reported As: 1990 SCMR 390 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiff side in a suit for specific performance; against the dismissal by the High Court, of their Civil Revision. The suit has been dismissed throughout. ' Learned counsel contended that the agreement to sell having been found genuine and its validity not being now in dispute, the High Court should not have dismissed the Civil Revision merely on the ground that there was no consideration for sale. According to him, the following could in the circumstances of this case be treated as consideration for sale:-- (a) ' The payments made by the petitioners of the Government dues. (b) The "abadkari" done by the petitioners in accordance with the agreement which they would not have done if there was no agreement. ' Learned counsel also contended that the point; whether, the afore-noted items of consideration could not be treated as adequate consideration and if not; whether, the decree could not be passed in petitioners' favour on payment of the remaining consideration and/or for partial relief either in the form of a part of land in dispute or in the form of the return of the aforementioned consideration by the defendant; and, whether, for that purpose the relief sought could not be modified by the Court. The questions raised by the learned counsel require examination. Leave to appeal, accordingly, is granted. ' Security Rs, 5,000. ' The appeal shall be prepared on present record with direction to parties to file all essential documents.