1. MUHAMMAD HALEEM, C.J.---There, is a dispute in regard to the decree for specific performance of an oral agreement entered into between the petitioner and the respondent on 13-9-1978. In pursuance of this oral agreement, the petitioner received Rs.40,000 as earnest money out of the sale consideration of Rs.3,00,000.
2. The property agreed to be sold is a plot of land bearing No.16-D, Model Town, Lahore, and measuring 16 kanals and 10 sq. Ft. One of the stipulations of the agreement was that the balance of sale price would be paid within three months and it was only upon the payment of the balance price within three months that the sale-deed would be executed. The respondent sent a notice on 8-9-1979 stating therein that the petitioner had refused to perform the contract as the price had appreciated, and, accordingly, informed him that he would take legal proceedings against him.
3. The petitioner in his reply dated 14-9-1979 stated that the amount had been confiscated as the respondent had failed to pay the balance of the price and to get the sale-deed registered.
4. However, before the dispute arose, the petitioner sold on 18-3-1979 to Faheem-ul-Islam 3 kanals out of the total area of 6 kanals and 10 sq. Ft. Both the petitioner and Faheem-ul-Islam were joined as defendants in the suit filed by the respondent for the specific performance of the oral agreement, which was decreed by the trial Court on 5 of June, 1983. On appeal to the High Court, the decree was partly modified to the extent of 3 kanals only while as to the remaining 3 kanals and 10 sq. Ft., the decree was maintained. The respondent did not file any appeal to challenge the sale in favour of Faheem-ul-Islam of 3 kanals of land which has now assumed finality.
5. The question which arises for consideration is as to whether the original agreement for sale by the inconsistent decree has remained intact which could be specifically performed. Accordingly, leaveth is granted to the petitioner.
6. Security for costs Rs.2,500.
7. In the meantime the execution of the decree -qua 3 kanals 10 sq. Ft. Is stayed till the decision of the appeal.