Law: Specific Relief Act, 1877

Section: 12,54

Law: Pakistan Penal Code, 1860

Section: 324

Law: Civil Procedure Code (V of 1908)

Section: 12(2),O.VII,R.11

Specific Relief Act (I of 1877)--- ----Ss. 12 & 54---Civil Procedure Code (V of 1908), S. 12(2)---Suit for specific performance of agreement and permanent injunction---Agreement to sell---Proof of ownership of vendor---Scope---Plaintiff filed suit for specific performance of agreement and permanent injunction wherein he claimed that he and paternal grandson of original owner entered into sale agreement for which he paid earnest money---Trial Court, on failure of vendor to file written statement, decreed the suit ex parte---During execution proceedings, rival claimant of subject property filed application under S.12(2), C.P.C. and got the ex parte decree set aside---Trial Court decreed the suit of plaintiff---Rival claimant filed an appeal which was allowed; Appellate Court remanded the case and proposed two additional issues---Trial Court, on remand, reversed its earlier findings and dismissed the suit---Appeal filed by plaintiff was allowed and suit was decreed---Validity---Rival claimant had filed application under S.12(2), C.P.C. to set aside the initial ex parte by claiming that she was owner of the subject property on the basis of an agreement of sale with legal heirs of original owner---Perusal of her written statement showed that after setting aside of decree she had given up her claim on the subject property on the basis of sale agreement; she did not mention in her written statement that original owner was survived by three daughters and that she had purchased subject property nor did she made a counter prayer for declaration of ownership of suit property---Said lady had not filed any independent proceedings for seeking declaration of ownership of subject property---Original gift deed in favour of grandson of original owner was produced by plaintiff---Original gift deed in the hands of plaintiff was far more strong and cogent evidence of title as compared to the so-called power of attorney which was executed by unidentified daughters of original owner---Second appeal was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: NAZAR AKBAR, J---.--- The appellant through this IInd Appeal has challenged the appellate judgment and decree dated…

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