Law: Specific Relief Act, 1877

Section: 8,54

Law: Transfer of Property Act, 1882

Section: 53-A

Specific Relief Act (I of 1877)--- ----Ss. 8 & 54---Transfer of Property Act (IV of 1882), S. 53-A---Suit for possession and permanent injunction---Supreme Court had directed the Appellate Court to frame an issue with regard to part performance of contract but same was not framed and matter was decided---Appellate Court only dilated upon the issues originally framed by the Trial Court and decided the matter---Validity---Matter was remanded to the Appellate Court by the High Court to frame an issue as per direction of the Supreme Court and render the on the said issue after hearing the parties and considering the evidence led on said issue---Impugned passed by the Appellate Court was set aside---Revision was allowed, accordingly. PLD 2015 Sindh 454; 2015 CLC 603; PLD 2002 SC 702; PLD 2001 SC 201; 2010 SCMR 1066; 2008 SCMR 398 and 2008 CLD 524 ref. THIS JUDGMENT DELIVERED BY: ZULFIQAR AHMAD KHAN, J.--- This revision was preferred against judgment and decree of the appellate Court, which decreed the suit filed by the respondent and set-aside the judgment and decree of the trial Court, which dismissed the above suit with costs. 2. The litigation between the parties commenced by filing Civil Suit No.19 of 1966, for Specific Performance of Contract, by Molvi Muhammad Suleman against Muhammad Zakaria, Mst. Zuhara Begum and Afsoon Ghulamullah stating therein that defendant No.1 sold out land admeasuring 13 acres 18 Ghuntas out of Survey Nos.37, 38, 163-A and 163-B, Deh Shah Grah Taluka Sehwan for himself and on behalf of defendants Nos.2 and 3 by executing sale agreement dated 01.10.1965 to the tune of Rs.3425/- against token amount of Rs.425/- while remaining sale consideration was to be paid at the time of registration of sale deed. It was further case of the plaintiff that after execution of the sale deed, record of rights will be changed in favour of the plaintiff but despite many approaches, defendant No.1 neither execute sale deed nor received remaining balance amount, which aggrieved the plaintiff to file the instant suit. 3. The said suit was decided ex-parte against owners of the land (husband/wife) Muhammad Zakaria, Mst. Zuhara Begum and Afsoon…

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