' KHALID ALI Z. QAZI, J.-- This suit has been filed by the plaintiff seeking specific performance of agreement to sell against the defendant with the following reliefs:-- "(a) Declare that the agreement to sell dated 7-4-1995 between the parties is liable to be specifically performed by the defendant.
(b) Direct the defendant to make arrangement for effective transfer of the suit property bearing house constructed on plot of land bearing No,10, Row 7, Sub-Block-E, Nazimabad No,II, Karachi, in favour of the plaintiff OR in case of non-compliance of the defendant, Nazir of this Honourable Court may be directed to execute/sign the all documents in respect of transfer of suit property and record statement on behalf of the defendant before the concerned D.D.O. Old Nazimabad Branch, City District Government, K.D.A. (Wing) Karachi, in favour of the plaintiff.
(c) Any other relief which this Honourable Court deems just and proper in the circumstances of the case. Grant costs of the suit."
2. Brief facts of the case as disclosed in the plaint are that the plaintiff had purchased a single storey residential House constructed on plot of land bearing No,10, Row 7, Sub-block-E, Nazimabad No,II, Karachi with construction thereon along with vacant possession (herein referred to as the house) for a total sale consideration of Pound Sterling 8,000.00 (Pound Sterling eight thousand only), free from all sorts of liens, claims, charges encumbrances of whatsoever nature from the defendant as attorney of her husband Sifwatullah Baig Sufi under the sale agreement, dated 7-4- 1995. Subsequently, the sale agreement was materialized partly and a sum of Pound Sterling 8000 paid by the plaintiff as full and final payment, which amount had admitted by the defendant and acknowledged in para.1 of the agreement dated 7-4-1995 and the defendant also delivered peaceful vacant possession of the aforesaid house along with all original documents, rights and title to the plaintiff. Plaintiff also got connection of Gas and Telephone on his own name at the suit property and is regular in the payment of electricity bills, water and sewerage and property tax.
3. It is further case of the plaintiff that defendant also undertook to sign all documents in connection with the transfer of the said house in the name of the plaintiff as mentioned in para.4 of the agreement to sell, but despite repeated requests of the plaintiff to complete the transfer process of the said house in favour of the plaintiff the defendant always avoids to do the same on one pretext or the other and since 1997 defendant is not in contact or avoided to contact with the plaintiff. On 11-4-2008 plaintiff sent a legal notice to the defendant through his counsel at the address available with him but the same returned un-served. Thereafter plaintiff tried his best to locate the whereabouts of the defendant but not succeeded, therefore, the defendant is under obligation to complete the process of effective transfer of suit property in the name of the plaintiff.
4. After filing of suit summons were issued to the defendant through District Judge, Islamabad and through all modes but the same has been returned unserved. Summons have also been issued through publication in daily "Jang" Rawalpindi dated 7-6-2008 as well as courier service, registered post A.D. And Court Notice Board, but the defendant failed to appear and contest the suit. On 18-8- 2008 service upon the defendant was held good and declared the defendant ex parte.
5. I have heard Syed Arif Ali, learned counsel for the plaintiff and perused the material available on record, which goes to show that plaintiff entered into a sale agreement with the defendant with the total sale consideration of Pound Sterling 8000, which was received by the defendant as mentioned in para.1 of the sale agreement and hand over the vacant peaceful possession of the suit property to plaintiff. The plaintiff has already placed on record sale agreement dated 7th April, 1995. The plaintiff is in peaceful possession of the suit property since he purchased it. The plaintiff has also filed affidavit in ex parte proof wherein he reiterated the same facts as stated in the plaint and stated that notice has been served upon the defendant through all modes including publication in daily "Jang" but the defendant failed or avoided to appear before this Court and prayed for ex parte decree. I have also examined the attesting witness of the sale agreement Sirajuddin Qazi, who also confirms the sale transaction between the plaintiff and defendant and the payment made by the plaintiff to the defendant in the sum of L 8,000.00 (Ponds. Sterling eight thousand only) in his presence. In absence of any defence I have no option but to accept the claim of the plaintiff that he purchased the suit property from the defendant vide sale agreement dated 7th April, 1995 and paid full consideration to the defendant.
6. In view of above the suit of the plaintiff is decreed. Nazir of this Court is directed to execute/sign the all documents in respect of transfer of suit property and record statement on behalf of the defendant before the concerned D.D.O. Old Nazimabad Branch, City District Government, K.D.A.
(Wing), Karachi, in favour of the plaintiff.
7. The office is directed to prepare the decree in the above terms.