Law: Specific Relief Act, 1877

Section: 42,12,54

Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)

Section: 39,41

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration, perpetual injunction and possession of the suit-property---Agreement to sell---Proof---Claim of the petitioners (plaintiffs/ vendees) was that respondent/vendor having absconded, for being involved in a woman's abduction case, sold the suit-property through his son and son-in-law---Validity---Burden was on thepetitioners to prove sale but they failed to prove as to exactly when and where the respondent agreed to sell his land to them ---Petitioners could not furnish evidence as to when the respondent was nominated in abduction case and who the alleged abducted woman was---There were contractions in the evidence produced by the petitioners regarding alleged payment of partial sale consideration; through whom sale was agreed upon; and name of the witnesses of the agreement---Even the name of the son of the respondent was not disclosed who allegedly received partial sale consideration---It did not stand to reason that instead of his own son, son-in-law of the respondent was much worried about the sale of his land for the purpose of compromise---It was unbelievable that the son-in-law or even the son of the respondent ( alleged vendor) managed to sell the land without having been authorized by the respondent to do so---Appellate Court had rightly reversed the judgment and decree passed by the Trial Court which did not warrant interference by the High Court in its revisional jurisdiction---Revision filed by the plaintiffs was dismissed, in circumstances. (b) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----Ss. 39 & 41---Specific Relief Act (I of 1877), Ss. 42, 12 & 54---Suit for declaration, perpetual injunction and possession of the suit-property---Agreement to sell---Entry of the vendee as possessor in Khasra Girdawri---Scope and effect---Contention of the petitioners(plaintiffs/vendees) was that they had been recorded in possession in Khasra Girdawri---Held, that an entry of possession in Khasra Girdawri could not be read as evidence of the title of the petitioners /plaintiffs, as against said entry, the respondent was recorded as owner of the suit-property in the…

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