Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 8 & 42--Registration Act (XVI of 1908), Ss.17 & 49---Qanun-e-Shahadat (10 of 1984), Art.79---Suit for possession and declaration---Agreement---Scope---Document, registration of---Mutation---Scope---Plaintiffs filed suit for possession whereas defendants instituted suit for declaration---Both the suits were consolidated by the Trial Court---Contention of plaintiffs was that they were owners of suit property which was given to the defendants for cultivation whereas defendants contended that they had purchased the said property through agreement---Suit of plaintiffs was decreed whereas that of defendants was dismissed---Validity---Agreement did not by itself create any right, interest or any charge on the property in dispute--Impugned agreement did not create any lawful title in favour of defendants---Defendants had a remedy to seek specific performance of said agreement---Every document purporting to create any right, title or interest of the value of Rs.100 and upward would require compulsory registration---Contract for sale of immovable property was a contract that sale of such property should take place on the terms settled between the parties subject to fulfillment of all other obligations---No sale of property by the owners was made in favour of defendants---Defendants were bound to produce the marginal witnesses of agreement to prove its execution---Non-production of such witnesses was fatal to the case of defendants---Recital of such document could not be said to have been proved---Defendants had failed to establish their right or interest in the suit property---Plaintiffs were recorded owners of suit land whereas defendants were neither bona fide purchaser nor lawful owners the same---Question of handing over disputed property to the defendants by the plaintiffs did not arise---Agreement executed in favour of defendants was not a valid and proved document---Presumption of truth was attached to the mutation---Some cultivable portion of suit-land was given to the defendants for cultivation only---Defendants were bound to provide due share of produce to the plaintiffs but they did not only withhold the…

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