Law: Specific Relief Act, 1877

Section: 12,42

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

Section: 126

Law: Transfer of Property Act, 1882

Section: 54

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 & 42---Suit for specific performance and declaration---Agreement to sell---Claim of ownership of land based on an agreement to sell---Declaration of title sought instead of specific performance of agreement to sell---Effect---Plaintiff (purported buyer) allegedly executed a sale agreement with the defendant (purported seller) for purchase of subject land and entire sale consideration for it was also paid---After death of plaintiff his legal heirs (i.e. petitioners) filed a declaratory suit seeking a declaration that they were owners of the subject land---Defendant on the other hand claimed that the sale agreement was forged/fake and filed his own suit seeking a declaration that he was the owner of the land and the sale agreement was fake---Suit filed by petitioners (legal heirs of plaintiff) was dismissed, whereas, suit filed by defendant was decreed---Held, that suit filed by the petitioners acknowledged the defendant's ownership of the subject land but relied upon a sale agreement---Sale agreement was not a title document, and specific performance of the sale agreement was not sought---In effect the petitioners wanted two declarations; firstly, that their predecessor was the owner and, secondly, that upon his death they became owners of the suit land---Suit of the petitioners thus failed on the ground that they did not ask for the specific performance of the sale agreement---Petition for leave to appeal was dismissed and leave was refused. Dr. Faqir Muhammad v. Major Amir Muhammad 1983 Law Notes (S.C.) 30, 33 ref. (b) Specific Relief Act (I of 1877)--- ----S. 12---Transfer of Property Act (IV of 1882), S. 54---Agreement to sell---Proof---Defendant (purported seller) had specifically denied the execution of the sale agreement and no effort was made to establish his signature thereon---Two persons stated to be the witnesses of the sale agreement were not produced even though it was admitted that one of them was alive---Purported scribe was not the person who had actually written the sale agreement---Defendant claimed that the plaintiff (purported buyer) came in possession of a portion of the subject land as…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492