Law: Specific Relief Act, 1877

Section: 42

Law: Evidence Act, (1 of 1872)

Section: 68,110

Law: Transfer of Property Act, 1882

Section: 53-A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 100,126

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Sale agreement--Payment of entire sale consideration--Death of buyer--Denial of sale agreement by owner--Suit for declaration by legal heirs of buyer--Suit for declaration by saler--Consolidated --Suit by legal heirs of buyer was dismissed, while suit of saler was decreed-Appeal--Dismissed--Owner of property was died during pendency of appeal--Appeal allowed--Case was remand by High Court appeal was again dismissed by Addl. Session Judge--Concurrent s--Challenge to--Suit filed by legal heirs of Abdul Azam acknowledges Aminullah's ownership of said land but relies upon sale agreement--Sale agreement is not a title document, however, specific performance of sale agreement was not sought under Chapter II of Specific Relief Act--Therefore, in effect petitioners wanted two declarations; firstly, that their predecessor (Abdul Azam) was owner and, secondly, that upon his death they became owners of suit land--Suit of petitioners thus fails on ground that they did not ask for specific performance of sale agreement, and these petitions merit dismissal--There is no reason for us to take a view different from one taken concurrently by three courts--Leave to appeal is therefore declined and these petitions are dismissed--Civil Petitions were dismissed. THIS JUDGMENT DELIVERED BY: QAZI FAEZ ISA, J.- These two petitions assail the judgment dated 25th March, 2015 of a learned Judge of the Peshawar High Court, Peshawar, who dismissed the revision petitions filed by the petitioners and upheld the judgment dated 6th September, 2014 of the learned Additional District Judge and judgment dated 29th June, 2011 of the learned Civil Judge Peshawar. 2. The petitioners' learned senior counsel, Mr. Abdul Latif Afridi, states that the petitioners' father, namely Abdul Azam, and Aminullah executed a sale agreement on 7th January, 1978 ("the sale agreement") through which Abdul Azam bought 153 kanals and 9 marlas of land situated in village Panam Dheri, District Peshawar ("the said land") from Aminullah and paid the entire sale consideration. After the death of Abdul Azam (it is not known when he died) his legal heirs filed Suit No.290/1 of…

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