MUHAMMAD ASLAM vs ABDUL REHMAN And Two Other
This matter concerns a petition for leave to appeal against the judgment of the High Court, which had accepted the respondents' Regular Second Appeal, thereby overturning the concurrent findings of the trial court and the first appellate court in a suit for specific performance. The petitioner, who had successfully obtained a decree for specific performance in the lower courts, challenged the High Court's interference with these concurrent judgments. The Supreme Court granted leave to appeal to examine whether the respondents' failure to abide by the agreement was justified in fact and law, whether the petitioner was entitled to specific performance, and whether the High Court's exercise of its second appellate jurisdiction to interfere with the concurrent findings of the lower courts was legally sound. The Court determined that these issues required a deeper examination and accordingly granted leave to appeal, while maintaining the existing stay order.
- Whether the High Court is justified in interfering with concurrent judgments of the trial court and the first appellate court in a second appeal?
- Is a party entitled to specific performance of a contract when the other party fails to abide by the agreement?
- Was the failure of the respondents to abide by the agreement justified in fact and law?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the acceptance by the High Court, of respondents/defendants' Regular Second Appeal which had arisen out of a suit for specific performance, filed by the petitioner. It had been decreed by the trial Court and the decree had been affirmed by the First Appeal Court.
2. After hearing the learned counsel we consider it a fit case for grant of leave to appeal so as to examine; whether, the failure by the respondents' side to abide by the agreement was justified in fact and law; and whether, the petitioner was not entitled to specific performance of contract; as also whether the High Court should have interfered with the concurrent judgments of the learned two Courts below in exercise of its second appellate jurisdiction. These and other questions raised in this petition require examination. Leave to appeal, accordingly, is granted.
3. Security Rs.5,000.
4. Stay to continue.