Law:

Section:

Transfer of Property Act, 1982 (IV of 1882)-- ----Ss. 51 & 54--Sale--Claim specific performance of agreement to sell--Original agreement was not available--Photostat copy--Unattested photo copy of khasragirdawari cannot be read as evidence--Not bothered to file copy of jamabandi in order to establish claim--Validity--Such document is not a contract for sale and appellant's were not entitled to suit for specific performance of contract on basis of that document--Respondents had admitted by filing a plaint before trial Court, that document is a contract for sale but even such an admission would not change nature of document--However, developments are bona-fide, so, they are entitled to costs of improvement--A decree for possession of land under specific survey no were entitled to specific possession of land on payment of costs of improvements made in suit land--Value of improvements may be calculated during execution proceedings--Appeal was accepted. JUDGMENT Although the above titled appeals have been filed against different decrees while subject matter and the parties are same, therefore, it is proposed to dispose of these appeals through the same order. 2. Facts of the coupled cases are that Abdul Rehman filed a suit for declaration and perpetual injunction against Abdul Rasheed & others before the Court of Sub-Judge Muzaffarabad on 28.07.1992. Abdul Rehman, ancestor of respondents Muhammad Ehsan & others contended in his plaint that suit land under Survey No. 898 old new number 1451 measuring 18 kanals 17 marlas and new number khasra 1451/1 measuring 11 kanals to the extent of 2 kanals is owned by him. It was further contended that agreement to sell dated 21.03.1982 has become ineffective to the extent of his rights on account of having become time-barred. In his prayer clause, Abdul Rehman plaintiff, requested the Court to issue a decree in the tone that land under old Survey No. 898 new No. 1451 and Survey No. 1451/1 (Shamlat Deh) measuring 11 kanals total measuring 29 kanals 17 marlas situated in Chatter Domail is in his possession and ownership. He further prayed to the Court to restrain the defendants Abdul Rasheed & others to interfere…

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