Law: Specific Relief Act, 1877

Section: 12,42,56

Law: Civil Procedure Code (V of 1908)

Section: S.9,10,11,100,O.VII,R.11

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

Section: 117,118

(a) Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 118---Suit for specific performance of agreement to sell---Burden of proof---Bona fide purchaser---Requirements---Plaintiff being beneficiary was bound to establish the legality of agreement to sell as well as her assertions of being in bona fide possession---Mere possession over the property would not ipso facto vest title but claimant was required to establish the same independently and a failure thereof would turn such possession to be unauthorized/illegal---Suit land was gifted to the defendants by their father---Relief of specific performance of contract could be sought against an ostensible owner and not against the person who was not legally competent to make a sale---Mere agreement with an incompetent person would not entitle the holder of such agreement to claim title in immovable property---No witness of alleged agreement had been examined by the plaintiff---Remedy of specific performance of a contract being equitable in nature could not be granted to enforce a transaction which otherwise was void---Plaintiff was bound to establish that transferor of suit property was ostensible owner and transfer was made with his consent for consideration---Transferee while acting in good faith was to take reasonable care before entering into such transaction---Plaintiff had failed to produce two attesting witnesses of alleged agreement to sell---Second appeal was dismissed, in circumstances. Major (R) Pervaiz Iqbal v. Munir Ahmed and others 2018 SCMR 566; Falak Sher v. Province of Punjab and others 2017 SCMR 188; Nisar Ahmed Afzal v. Muhammad Taj and others 2013 SCMR 146; Mst. Naseem Akhter and others v. Abdul Tawab and others 2012 SCMR 1526 and Ghulam Rasool and others v. Noor Muhammad and others 2017 SCMR 81 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope. Naseer Ahmed Siddique v. Aftab Alam PLD 2011 SC 323 and Anwar Textile Mills Ltd. v. Pakistan Telecommunication Company Ltd. 2013 SCMR 1570 rel. (c) Administration of justice--- ----Where things were required to be done in a particular manner then same must be done so and a departure…

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