Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 & 27(b)---Qanun-e-Shahadat (10 of 1984), Art. 133---Suit for specific performance of sale agreement---Subsequent vendee claiming to be bona fide purchaser for value without having notice of prior agreement in favour of plaintiff---Suit decreed by Trial Court upheld by Appellate Court---Validity---Vendor had not challenged such decree before Appellate Court or High Court---Mutation of sale entered in favour of subsequent vendee was not sanctioned and vendor had challenged its validity in a suit still pending---Subsequent vendee in written statement had not specifically denied existence of valid agreement between vendor and plaintiff---Statements of plaintiff and his witness to the effect that subsequent vendee had knowledge about plaintiff's agreement, would be deemed to have been admitted by him due to not cross-examining them---High Court dismissed revision petition in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 133---Material portion of state-ment of a witness, if not cross-examined by his opponent, would be presumed under law to have been admitted by him. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this civil revision the petitioners have challenged the judgment and decree dated 25-4-2003 passed by the learned Additional District Judge Bahawalnagar whereby the appeal filed by the petitioner was dismissed and the judgment and decree dated 22-7-2002 passed by the Civil Judge Bahawalnagar whereby suit for specific performance filed by respondent No.1 was decreed. 2. With the concurrence of the learned counsel for the parties, this case is being decided as Pacca case as pre-admission notice was issued on 13-8-2003. 3. Brief facts of the case are that respondent No.1/plaintiff filed a suit for specific performance of agreement to sell dated 15-4-1996 and receipt dated 15-4-1996, which was renewed on 26-8-1996 along with receipt dated 26-8-1996 regarding land measuring 16 kanals owned by Muhammad Aslam defendant No.1. The case of the plaintiff was that he and his brother Javid Akhtar defendant No.6 entered into an agreement to sell with Muhammad Aslam owner of the suit-land. The petitioners were…

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