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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: TAJ DIN VS Respondent: Mst. KALSOOM BIBI
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: TAJ DIN vs Mst. KALSOOM BIBI Case No.: Civil Petition No,742 of 1983 Date of Judgment:1988-08-13 Reported As: 1989 SCMR 1229 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH. J.--Leave to appeal has been sought by a defendant against the dismissal by the High Court of his civil revision; which had arisen out of a decree for specific performance in respondent's favour. ' Petitioner agreed to sell the land in dispute, which he had purchased from the Provincial Government in auction. Subsequently a dispute arose between the parties and the respondent's suit for specific performance has been decreed throughout. ' Learned counsel has contended that the relief claimed by respondent was for the refund of the amount paid. Thus there was no need for granting the impugned decree. He has also contended that the respondent was at fault for not performing the contract. The contentions raised now, were not urged before the High Court. The question about the application of section 19 of the Colonization of Government Lands (Punjab) Act raised then, was dealt with adequately. In the circumstances of the case, we decline to entertain the points not pressed in the High Court. Leave to appeal is refused. ' If some amount is to be deposited or paid by the respondent in pursuance of the impugned decree, she might seek time from the trial Court; which shall allow reasonable time.
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