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Showing posts from December 29, 2024

First agreement vs 2nd agreement

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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 ...

7/11 case remanded Caus of action was clear

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7/11 case remanded Caus of action was clear 2024 C L C 1386 [Balochistan (Sibi Bench)] Before Sardar Ahmed Haleemi, J MUNIR AHMED----Petitioner Versus ALI RAZA and 2 others----Respondents Civil Revision Petition No.(s) 63 of 2021, decided on 5th April, 2024. Civil Procedure Code (V of 1908)--- ----O. VII, R. 11(a) & O. XIV, Rr. 1 & 2---Specific Relief Act ( I of 1877), Ss. 42, 12 & 54---Suit for declaration, possession and permanent injunction---Rejection of plaint---Scope---Petitioner / plaintiff filed revision as his suit was rejected under O. VII, R. 11 of the Civil Procedure Code, 1908, which judgment was maintained by the District Court---Validity---It was the case of the petitioner that he was recorded owner and in possession of the land in dispute; National Highway Authorities (NHA) had constructed the road while a watercourse towards the northern side of the NHA existed---Revenue extracts appended with the plaint showed ownership of the petitioner in column 11 of re...