First agreement vs 2nd agreement
First agreement preferred over 2nd 2024 C L C 1379 [Lahore] Before Ch. Muhammad Iqbal, J MUHAMMAD TANVIR----Petitioner Versus MUHAMMAD RAMZAN ASAD and others----Respondents Civil Revision No.19654 of 2022, heard on 3rd May, 2024. (a) Registration Act (XVI of 1908)--- ----S.50, proviso (1) & (2)---Transfer of Property Act (IV of 1882), S.53-A---Specific Relief Act (I of 1877), Ss. 12 & 39---Suit for specific performance and cancellation of mutation---Execution of agreement to sell, denial of---Agreement to sell prior in time---Scope and effect---Appellate Court decreed the suit of the plaintiff, while setting aside judgment of Trial Court whereby it ordered the defendant to return double amount of earnest money to the plaintiff---Contention of the petitioner/defendant was that the owner of suit land (vendor/ respondent/defendant) had conceded his (petitioner's) claim (prior agreement to sell ) as well as relevant mutation having been entered in his favour whereas said owner ...