Law: Specific Relief Act, 1877

Section: 39

Law: Specific Relief Act, 1877

Section: 12

Law: Transfer of Property Act, 1882

Section: 54

(a) Specific Relief Act (I of 1877)------S. 39---Transfer of Property Act (IV of 1882), S. 54---Suit for cancellation of sale deed---Sale how made---Registered sale deed prior in time---Scope---Plaintiff filed suit against the defendant asserting therein that he was exclusive owner of the subject land and the sale deed maneuvered by the defendant was liable to be cancelled---Trial Court dismissed the suit whereas Appellate Court decreed the suit---Validity---Plaintiff as well as defendant had common vendor---Plaintiff was vendee of land pertaining to Khewat but the defendant had purchased the land from another Khewat---Sale deed in favour of defendant was executed in the year 1984 and the sale deed in favour of plaintiff was attested in the year 1985---Prior registered instrument had preference over the latter one until and unless the former was cancelled---Judgment and decree passed by Appellate Court were tainted with misreading and non-reading of evidence, which were quashed---Judgment passed by Trial Court was restored---Civil revision was allowed, in circumstances. Abdul Rashid v. Muhammad Yaseen and another 2010 SCMR 1871 ref. (b) Specific Relief Act (I of 1877)----S. 12---Transfer of Property Act (IV of 1882), S. 54---Specific performance of agreement to sell---Contract for sale---Scope---Decree for specific performance of sale agreement does not confer title until and unless it is blessed with the sale deed title document via execution proceedings. Abdul Majid v. Nizam Din and others PLD 1959 Lah. 273; Muhammad Ishaq v. Muhammad Siddique PLD 1975 SC 909 and Abdur Rehman and 68 others v. Province of Punjab through Collector, Bahawalpur and 23 others 2009 YLR 753 ref. JUDGMENT: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE:---.--- Verily, Muhammad Iqbal respondent No.2 on 28.05.2005 instituted suit against the petitioners as well as respondent No.1 asserting that he on the basis of decree dated 17.05.1984 passed in suit for specific . performance of agreement followed by attestation of sale deed No.1418/1 dated 17.09.1985 and mutation No.348 dated 27.10.1985 was exclusive owner of the subject area and that with regard to it, sale deed No.941 of 28.05.1984…

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