1. ' MUHAMMAD ASLAM ARA1N, J.---Case of the petitioner is that it is a registered society and the management of the National Cement Industries Limited agreed to get transferred a piece of land to the petitioner for the residential purposes of the employees of the industry. An area of 40 acres was transferred to the petitioner by the Board of Revenue through sale agreementdated 25-9-1978 and after completion of all the formalities the land was utilized and is allotted to different categories of the employees/members. The petitioner's society applied for additional land as the area already allotted to the society was not sufficient to accommodate all the members of the society. An area of 20 acres of land was therefore applied for but after lengthy correspondence, only 14 acres further land was made available for the purpose of allotment to petitioner's society but for this additional area no formal sale/transfer agreement was executed. Said land is said to be still in possession of the petitioner's society and is bounded by a wall. In the circumstances the petitioner filed this petition with prayer to direct respondents to finalize the transfer of said land as the respondents had failed despite various representations to execute the formal documents.
2. ' We have heard the learned counsel for the petitioner and have also perused the comments filed by the respondents. Mr. Chaudhry Rashid Ahmad learned Advocate for the petitioner's society referred us to a letter dated 8-7-1981 addressed by the Deputy Secretary. (Land Utilization) I, Board of Revenue, Sindh and has argued that in such letters the Government had agreed to the request of petitioner for the allotment of said land measuring 14 acres but since then no final steps are taken to finalize the case of allotment of this area to the petitioner. In effect the petitioner seeks the specific performance of the said letter dated 8-7-1981 and his main contention is that the respondents are liable to allot 14 acres land to the petitioner's society. If the respondents have made any commitment for the allotment of said area to petitioner's society the remedy for the petitioner lies in seeking specific A performance of such commitment through a suit and not through a Constitution petition. The factual controversy as is reflected from the contents, of the petition and the comments filed by the respondents cannot be resolved in a constitution petition.
3. Some civil suits are also said to be pending between the parties and it would therefore be proper for the petitioner to be either joined as party in the said suits or filed a separate suit for specific performance if such relief is legally available to the petitioner. There is no merit in this petition and consequently it is dismissed in limine.
4. ' If any representation made by the petitioner's society is pending with the respondents for the allotment of said area, the same may be disposed of at an earlier date and if possible within four months with intimation to the petitioner.