Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Transfer of Property Act, 1882

Section: 41,52

Specific Relief Act (I of 1877)--- ----S. 12---Transfer of Property Act (IV of 1882), Ss. 41 & 52---Suit for specific performance of agreement to sell---Sale of suit property during pendency of suit---Bona fide purchaser---Lis pendens, principle of---Applicability---Suit was decreed concurrently--- Validity---Plaintiff had proved his case by producing ample, cogent, reliable and confidence inspiring evidence---Plaintiff had fully established his stance and Courts below had rightly decreed the suit in his favour---Plaintiff had succeeded to prove that suit property was sold to him through agreement to sell---Subsequent mutations in favour of defendant were rightly ordered to be cancelled by the courts below---Defendant had purchased the suit property during pendency of present suit---Transfer in favour of defendant was hit by the principle of lis pendens in circumstances---Defendant had alienated the suit property during pendency of litigation and his conduct debarred him from seeking relief---Courts below had rightly attended all the facts and circumstances of the case---No illegality, irregularity or jurisdictional error had been pointed out in the findings recorded by the Courts below---Revision was dismissed, in circumstances. Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti PLD 2011 SC 905; Rafique Ahmed and others v. Yar Muhammad and others 1992 CLC 881; Nazir Ahmed through L.Rs. v. Umra and others 2002 SCMR 1114 and Shafi Muhammad and others v. Khanzada Gul and others 2007 SCMR 368 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- The petitioner through the instant Civil Revision under Section 115 of the Civil Procedure Code, 1908, has called in to question the validity of judgment and decree dated 06.01.2014, passed by learned Additional District Judge-VI, Abbottabad, whereby the appeal filed by the petitioner as well as that of proforma respondent No.2 against the judgment and decree dated 29.10.2010 of Civil Judge-I, Abbottabad was dismissed. 2. Brief but essential facts of the case are that initially Respondent No. 1 Sheikh Asif Latif instituted a suit for declaration etc. against the respondent No. 2 claiming therein that…

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