Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss.8 & 27(b)---Suit for recovery of possession of immovable property---Bona fide purchaser, principle of---Concurrent findings of fact by two courts below---Plaintiff claimed that she purchased suit land in year, 1967 through registered sale-deed and defendant forcibly took possession---Defendant claimed to be bona fide purchaser for valuable consideration---Validity---Defendant was claiming title on the basis of sale-deed executed in his favour but sale-deed in favour of previous owner, from whom defendant purchased the land, proved to be forged and fictitious, therefore, sale-deed in favour of defendant did not create any title or interest in his favour---Defendant claimed to be bona fide purchaser for value but no evidence was led on such point---For raising plea of bona fide purchaser, defendant had admitted that he was claiming the property which was earlier sold in favour of plaintiff---Findings of both the courts below were against admitted fact and were not sustainable in the eye of law---High Court, in exercise of revisional jurisdiction set aside concurrent s passed by two courts below and suit filed by plaintiff was decreed in her favour---Revision was allowed in circumstances. Fazal Hussain and another v. Abdul Hamid PLD 1071 Lah. 89 rel. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this civil revision, the petitioner has challenged the judgment and decree dated 2-6-2004, passed by the learned Additional District Judge, Lahore whereby the appeal filed by the petitioner was dismissed and the judgment and decree dated 18-11-1998, passed by the Civil Judge, Lahore, dismissing his suit, was upheld. 2. Brief facts of the case are that the plaintiff/petitioner on 15-11-2003 filed a suit for possession against the respondent/ defendant with regard to the land measuring 10 marlas, fully described in the plaint. Written statement was filed, suit was contested, the learned trial Court framed the issues and invited the parties to produce their respective evidence. Both the parties produced their oral as well as documentary evidence. In the first round of litigation, the learned, trial Court, on 3-11-1994, decreed the suit,…

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