MUHAMMAD RAMZAN Versus GHULAM

ORDER

1. NASIM HASAN SHAH, J. --The petitioners had entered into an agreement of sale in favour of the respondents. The total sale consideration has admittedly been paid to the petitioners and even the possession of the land has been obtained by the respondents from the petitioners in pursuance of the decree passed in the respondents' suit for specific performance of the aforesaid agreement of sale. The decree was upheld or, an appeal (by the learned Additional District Judge) and also on second appeal, by the High Court. Hence this petition.

2. A half-hearted attempt was made by Ch.Khurshid Ahmad on behalf of the petitioners to show that the agreement of sale was hit by the provisions of section 19 of the Colonization of Government Lands Act, 1912; because the requisite permission, before entering into an agreement of sale, was not obtained.

3. This plea was earlier raised before the Courts below who held that the respondents were seeking specific performance from the petitioners herein, who had become the full owners of the land an since they were not asking to be substituted as their tenants; it was not necessary to obtain any permission for purchasing the land, in the circumstances of the case.

4. We agree with this view.

5. No ground for interfering with the judgments of the learned Courts below is made out.

6. M.I./M-339/S Petition dismissed