AKHTAR BEGUM Versus ZAHOOR AHMAD

ORDER

1. SAAD SAOOD JAN, J.‑‑The dispute in this petition for special leave to appeal relates to a house owned by Muhammad Akram, respondent No.2. He executed two agreements of sale in respect of the house; one in favour of Muhammad Yaqoob, predecessor‑in‑interest of the petitioners, and the other in favour of Zahoor Ahmad, respondent No.1. Admittedly, the agreement with Zahoor Ahmad was prior in time to that with Muhammad Yaqoob. It is not denied that Zahoor Ahmad had sent a notice to Muhammad Yaqoob informing him about his agreement with Muhammad Akram before Muhammad Yaqoob undertook to purchase the house. The contention of Muhammad Yaqoob at the trial was that before he entered into agreement with Muhammad Akram, the latter had already rescinded his agreement with Zahoor Ahmad. The High Court has rejected this contention and we see no justification to interfere with the finding of the High Court. In the circumstances, the High Court was justified in decreeing the suit of Zahoor Ahmad for specific performance. Leave is refused.

2. M.L./M‑405/S Petition dismissed.