Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Plaintiff filed suit for declaration along with permanent injunction on the ground that he was owner in possession of the disputed land' and the alleged mutation in respect of the same in favour of defendants was based on fraud and misrepresentation---Defendants contested suit on the plea that an agreement to sell was executed by plaintiff in their favour and in consequence thereof the mutation in question was got incorporated by plaintiff in favour of the defendants---Trial Court dismissed suit of the plaintiff---Appellate Court on appeal, allowed the same and set aside the and decree of the Trial Court---Validity---Disputed mutation did not bear the thumb 'impression of the plaintiff---One of the defendants had made contradictory statement with respect to payment of earnest money, which fact was in clear contradiction to the entries of mutation---Revenue officers who appeared as defendants' witnesses did not corroborate the statements of the defendants as well as of other two witnesses of the transaction---Judgment and decree passed by Appellate Court were in accordance with the evidence---Petition was dismissed by High Court. Muhammad Siddiq and 6 others v. Zafar Iqbal and 9 others 2005 CLC '33; Abdur Razzaq and others v. Zahoor Ahmad and others 2005 CLC 556; Jameel Ahmed v. Saifuddin PLD 1994 SC 501; Abdul Ghafoor and 2 others v. Muhammad Rafique and 13 others 2006 CLC 1796; Ghulam Muhammad alias Gama and another v. Waryam 2004 CLC 1 and Sardaran Bibi and others v. Muhammad Ameen and others 1987 CLC 1653 ref. THIS JUDGMENT DELIVERED BY: NASIR SAEED SHEIKH, J.- The respondent Nazira son of Sardara instituted a suit for declaration praying that he is the owner with possession of 19-kanals, 15-marlas of land situated in village Naseerpur Kalan, Tehsil Bhalwal, District Sargodha, described in the title of the plaint and that Mutation of Sale No.748, incorporated on 26-6-1995 in the Revenue Record in favour of the respondents is based upon fraud, misrepresentation and is illegal and of no legal effect upon the rights of the plaintiff. It was also prayed that a decree for permanent injunction be also…

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