Law:

Section:

Specific Relief Act (I of 1877)--- ---S. 8---Transfer of Property Act (IV of 1882), S.53-A---Suit for possession of immovable property---Agreement to sell---Part performance of contract---Protection under S.53-A of Transfer of Property Act, 1882---Scope-- Agreement to sell with regard to immovable property did not create or confer any right except to file a suit for specific performance---Even a decree granted in a suit for specific performance in favour of plaintiff was a declaration of maturity of his right to get the property and the right conferred upon the decree holder in execution of decree and not through mere passing of decree---Even though the possession under the agreement to sell had been transferred to the transferee, yet he could not protect his possession or defend the same if suit for possession was filed by the owner i.e. the other party to the agreement on the basis of S.53-A of the Transfer of Property Act, 1882---Protection given under S.53-A of Transfer of Property Act, 1882 would be available to the person who possessed an instrument of transfer which had legal defect in it---Transferee should have performed his part of contract to take benefit of S.53-A of Transfer of Property Act, 1882---Defendant had not performed his part of contract and no suit for specific performance had been filed by him---Defendant could not take benefit of S.53-A of Transfer of Property Act, 1882---Second appeal was dismissed in liminc. Akbar Ali and others v. Lal and others PLD 1997 Lah. 709 ref. THIS ORDER PASSED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this civil revision, the petitioner has challenged the judgment and decree dated 29.06.2016 passed by the learned Additional District Judge, Sahiwal, whereby the appeal filed by him was dismissed and the appeal filed by respondent No. 1/plaintiff has been accepted. The judgment and decree dated 08.06.2012 passed by the learned Civil Judge, Sahiwal have also been challenged by the petitioner, whereby the suit for possession filed by the plaintiff/respondent No. 1 was partially decreed. 2. The brief facts of this case are that the plaintiff/respondent No. 1 filed a suit for possession and recovery of mesne…

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