76/2010 Suit ANJUM REHMAT & ANOTHER (Plaintiff) V/S SQUADRON LEADER (R) SH. GHULAM SADIQ & OTHERS (Defendant)

76/2010 Suit ANJUM REHMAT & ANOTHER (Plaintiff) V/S SQUADRON LEADER (R) SH. GHULAM SADIQ & OTHERS (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 04-AUG-14

Specific Relief Act (I of 1877)--- ----Ss.39, 42, 12 & 54---Transfer of Property Act (IV of 1882), S.54---Suit for cancellation of document, declaration, specific performance of agreement and injunction---Maintain-ability---Filing of second suit---Plaintiff in year, 1979, sought specific performance of agreement to sell dated 22-5-1979---During pendency of earlier suit plaintiffs filed another suit seeking declaration regarding certain documents including subsequent agreement to sell in favour of defendant, pertaining to same property---Validity---Interest of plaintiffs was already sub judice in earlier suit and their apprehension about documents in question had no basis, as plaintiffs were not party to subsequent sale agreement---Executant of subsequent sale agreement was already party in suit filed by plaintiffs in year, 1979---Agreement to sell immovable property by itself could not create any interest in or charge on such property---Provision of S. 54 of Transfer of Property Act, 1882, was complete answer to uncalled for fears of plaintiffs with reference to documents in question---Subsequent agreement to sell did not confer any right, title or interest in suit property in favour of defendant adverse to interest of plaintiffs---Document which by itself had no legal consequence was neither required to be declared so nor to be cancelled---Plaintiffs were neither aggrieved by documents in question nor they had any cause of action for filing subsequent suit to seek relief of cancellation of documents in question---Suit was dismissed in circumstances.