Law:

Section:

Transfer of Property Act (IV of 1882)-------S. 53-A---Civil Procedure Code (V of 1908), 5.115---Plaintiff's suit for possession dismissed by Trial Court was decreed by Appellate Court on basis of title---Validity---Property in question, was admittedly allotted to predecessor-in-­interest of plaintiffs and after his death mutation was sanctioned in favour of his heirs i.e. plaintiffs---Defendant claimed to have purchased property in question not through sale-deed but through agreement to sell---Defendant could not prove `~" title of his vendor---Defendant, thus, failed to prove that he had any right in such property nor could he show that he was bona fide purchaser and that as a man of ordinary prudence he had made efforts to satisfy himself about title of his vendor---Finding of fact based on evidence produced by parties did not suffer from material irregularity/illegality so as to justify interference h)- High Court in its revisional jurisdiction. ORDER In this revision petition judgment, dated 16-1-1992 passed by learned Additional District Judge, Khushab whereby- the appeal filed by the respondents/plaintiffs against judgment and decree, dated 7-1-1991 passed by learned -Trial Court dismissing their suit for possession, was accepted and suit decreed has been challenged by the defendant. 2. The property in dispute was owned by Muhammad Sharif Khan deceased the predecessor-in-interest of the respondents. As is evident from Exh. P-2 which shows that the same was allotted to him under the Rehabilitation Laws and after his death a mutation was sanctioned in favour of his heirs i.e., the respondent. 3. The respondents filed a suit for the recovery of the possession of the property against the petitioner. The petitioner resisted the suit on the ground that he had purchased the same from one Muhammad Hussain through documents Exh. D-1 and Exh. D-2. None of these documents is a sale-deed whereas as frankly admitted by the learned counsel for the petitioner it is only an agreement of sale allegedly executed by Muhammad Hussain in favour of the petitioner. The two Courts below have recorded concurrent finding of fact that the petitioner failed to prove that Muhammad…

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