Law:

Section: 12

(a) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Compromise on behalf of defendants---Scope---Transferee of property could not confer upon a transferor a better title than he himself possessed---Defendants had no lawful authority, right or interest at the relevant time in the subject property when they entered into a compromise with the plaintiffs---Neither any appeal was preferred against the partition order nor authenticity or validity of the same was challenged by any of the parties---Possession of suit property was wrongly handed over to the plaintiffs by the Nazir of the Court---Nazir of the Court was directed to take appropriate measures to hand over the possession of suit land to its claimants. 2003 CLC 2050 ref. (b) Fraud--- ----Fraud would vitiate the most solemn proceedings. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- The present proceeding is basically a post remand one. Learned Division Bench by its decision dated 19.11.2001 was/is of the view that Respondents Nos.8 and 9 in High Court Appeal No. 03 of 1974, who actually are present Defendants Nos. 12 and 13 (Malik Mir Hassan and Malik Mir Hazar Khan), are entitled to contest the present suit on the basis of their plea of bona fide purchaser of the land in question, for value without notice. This Judgment of learned Division Bench has been reported in 2003 CLC page-2050 Karachi as well, was subsequently challenged before the Hon'ble Supreme Court in C.P.L.A. No. 37-K of 2002 by one of the Defendants-Muhammad Khan/Defendant No. 1, but the Hon'ble Apex Court maintained the above decision. 2. By this common Judgment both; present lis and Judicial Miscellaneous No. Nil of 2005 will be decided. 3. Considering intricate question of facts and nature of dispute stretching over to past many decades, it is necessary to give a background of the case. 4. Present dispute is with regard to a part of land comprising 900 Acres (approximately) in various survey numbers, situated at Deh Hub, Karachi, which was owned by deceased Mst. Shahar Bano. Initially, the suit was filed by the predecessor-in-interest of present Plaintiff (late)…

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