JAWWAD S. KHAWAJA, J.--- This revision petition impugns - the concurrent findings of the learned trial Court dated 2-11-2000 and of the learned Appellate Court dated 12-3-2001.
2. The facts of the case have been duly noted in the impugned judgments and need not, therefore, be reproduced in extenso.
3. Learned counsel for the petitioners argued that proprietary rights in the disputed and measuring 56 Kanals, 1 Marla had not, as yet, been transferred to the petitioners and, therefore, a decree for specific performance could not have been passed in favour of the respondents. As a legal proposition, this submission has merit. The respondents/plaintiffs have not impleaded the Government as a defendant and it is also not clear from the record that the dues payable to the Government for acquiring proprietary rights have, in fact, been paid. In this view of the matter the agreements dated 5-11-1973 and 5-1-1982 executed by Full (predecessor of the petitioners) in favour of the respondents cannot be specifically enforced.
4. In the foregoing circumstances, specific performance of the aforesaid agreement as per terms of the said agreements, will need to await conferment of proprietary rights on the petitioners. The parties themselves, being cognizant of this limitation, have agreed that enforcement of the agreements will be postponed until the conferment of proprietary rights on the petitioners. In this view of the matter, the impugned decrees are modified. The prayer of injunction sought by the respondents/plaintiffs and decreed by the learned Courts below is upheld. As to specific performance, the same cannot be allowed at this stage. This petition is disposed of in the above terms.