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.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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