Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Registration Act, 1908

Section: 17

(a) Specific Relief Act (I of 1877)--- ----S. 12---Registration Act (XVI of 1908), S. 17---Suit for specific performance of contract---Agreement to sell in favour of defendant was also executed on the basis of which decree was passed by the civil Court---Contention of plaintiff was that said sale agreement was a forged document---Suit was dismissed concurrently--- Validity--- Factum of execution of agreement to sell in favour of defendant had been established---Agreement to sell was not required to be registered---Even an oral contract could be made and enforced---Decree for specific performance had been passed by the Court of competent jurisdiction in favour of defendant---Suit land was in the possession of defendant---No mis-reading or non-reading of evidence had been pointed out in the findings recorded by the Courts below---Appeal was dismissed in circumstances. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope---Concurrent findings recorded by the Courts below could not be interfered with until and unless some mis-reading or non-reading of record or some departure from law was established. Akhtar Hussain and others v. Raja Mohammad Zarin Khan 1993 SCR 114 and Adalat Khan v. Fazal Hussain and another 1995 SCR 151 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHERAZ KAYANI, JUSTICE:---.- - The above captioned appeal has been filed against the judgment and decree passed by the District Judge, Haveli (Kahuta) dated 15.11.2012, through which the appeal filed on behalf of the present appellant has been dismissed and the judgment and decree of the Civil Judge Kahuta dated 18.01.2011 has been maintained. 2. Precise facts forming the background of the above appeal are that Faiz Alam and others plaintiffs/appellants, herein, filed a suit for specific performance of an agreement to sell against Mohammad Nasir and others, in the court of Civil Judge Kahuta on 14.06.2000, stating therein that Father Muhammad, the predecessor -in-interest of respondents Nos. 1 to 3 alienated the land measuring 04 marla bearing old survey No. 95 renumbered as 1043-1044 situated at village Halan Shamali, in favour of appellants through sale-deed dated 14.07.1987 in…

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