Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 12 & 27(b)---Qanun-e-Shahadat (10 of 1984), Art.117---Suit for specific performance of sale agreement---Subsequent vendee claiming to be bona fide purchaser for consideration not having knowledge about such agreement in favour of plaintiff---Burden of proof---Onus to prove such plea lay on subsequent vendee, who had not stated a single word in his examination-in-chief about such plea---Suit was decreed in circumstances. Hafiz Tassaduq Hussain v. Lal Khatoon and others PLD 2011 SC 296 and Rasool Bakhsh Naich through L.Rs. and others v. Syed Rasool Bakhsh Shah through L.Rs. and others 2010 SCMR 988 rel. ORDER NASIR SAEED SHEIKH, J.---Through the instant Civil Revision Mushtaq Ahmed petitioner has assailed the judgments and decrees dated 19-4-2010 passed by the learned Civil Judge Narowal and dated 16-7-2010 passed by the learned Additional District Judge Narowal in the matter. 2. Briefly stating the facts of the case are that the respondent No.1 Zafar Iqbal instituted a suit before the learned Civil Judge at Narowal for specific performance of an agreement to sell dated 15-2-2003 claimed by him from the respondents Nos.2 to 7 who were respectively defendants No.1 to 6 of the plaint, of land measuring 3 kanals, 12 marlas, described in para-I of the plaint dated 26-4-2004. This agreement to sell was for a sum of Rs.60,000 and the respondent No. 1/plaintiff claimed to have paid a sum of Rs.40,000 at the time of execution of the agreement to sell dated 15-2-2003 and the remaining amount of Rs.20,000 was to be paid at the time of the completion of the sale transaction when the mutation of inheritance was to be first got incorporated in the Revenue Record in favour of the respondents Nos.2 to 7. The respondent No.1/plaintiff contended that two Mutations of inheritance Nos.175 and 176 dated 2-6-2003 were incorporated in favour of the respondents Nos.4 to 7 but for mala fide purpose the defendants/ respondents Nos.2 to 7 got incorporated a Mutation No.177 dated 2-6-2003 of sale of the subject land in favour of the present petitioner who was defendant No.7 in the suit. It was alleged by the respondent No.1 in para-2 of his…

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