Law: Specific Relief Act, 1877

Section: 12,27(b)

Law: Transfer of Property Act, 1882

Section: 41

Law: Limitation Act, 1908

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Specific Relief Act (I of 1877) --- ----S. 12---Suit for specific performance of contract---Agreement to sell---Proof---Procedure---Sale of suit property during pendency of lis---Bona fide purchaser---Scope---Suit was decreed concurrently---Validity---Plaintiff had established execution of sale agreement through evidence of scribe and one of the marginal witnesses---Money trail had also been proved through confidence inspiring evidence/Bank channel as well---Scribe of the deed was to be considered as witness of alleged transaction in the present case as he knew the seller earlier---Plaintiff had established agreement to sell through two witnesses and had offered a plausible justification for non-production of one of the marginal witnesses being close relative of defendant---Agreement to sell had been established, in circumstances---No mis-reading or non-reading of evidence had been pointed out in the impugned s and decrees passed by the Courts below---Person who purchased property which was the subject matter of a lis could not put forward the plea of a bona fide purchaser---Revision was dismissed, in circumstances. Muhammad Ismail and another v. Bahadur and 2 others 1993 CLC 1637 and Pak Carpet Industries Limited v. Government of Sindh and 2 others 1993 CLC 334 ref. Mrs. Mussarat Shaukat Ali v. Mrs. Safia Khatoon and others 1994 SCMR 2189; Babu v. Ghulam Rasool 2003 CLC 984; Mst. Ghulam Jannat by Legal Heirs and another v. Allah Ditta 2003 YLR 981; Danishmand v. Rashid Afzal 1986 MLD 141 and Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti and others PLD 2011 SC 905 ref. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.---- By way of this common judgment, I intend to dispose of instant revision petition as well as connected Civil Revision No. 1671-P/2010 as both these petitions are arising out of the same impugned judgments of learned Courts below. 2. Brief but essential facts of the case are that Shams-ul-Mulk (respondent No.1) had instituted a suit against the petitioners and rest of respondents in the Court of learned Senior Civil Judge, Nowshera for the following relief :- Possession through specific performance of agreement to sell dated 7.12.2004…

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