Law:

Section:

(a) Transfer of Property Act. (IV of 1882)-------S. 54---Constitution of Pakistan (1973), Art.185(3)---Plaintiffs and defendants both claimed ownership of land in question through two different sale-deeds from one vendor---Leave to appeal was granted to consider, whether property in question, as mentioned in plaint was the same which was covered by sale-deed executed by alleged vendor in favour of plaintiffs and as to what would be the effect of another sale-deed executed subsequently by said vendor in favour of defendants. (b) Transfer of Property Act (IV of 1882)--- ----S. 54---Two different sale-deeds relating to same property executed by vendor in favour of plaintiffs and defendants---Trial Court dismissed plaintiffs' suit which was based on earlier sale-deed---Trial Court's was affirmed in appeal and in revision by the High Court---Validity---Sale-deed in favour of plaintiffs was in respect of disputed property and was executed by original owner---Defendants, admittedly, were brought as tenants in said property by father of plaintiffs---Courts below had not read evidence on record in its correct perspective and had also misread important evidence---Courts below, therefore, had legally erred in decision of case which resulted in miscarriage of justice--Evidence on record clearly proved that plaintiffs were owners of house in question, while defendants were first occupying the same as their tenants but later on denied their ownership---Judgements and decrees of all the Courts including the High Court dismissing plaintiffs' suit, were set aside by Supreme Court and plaintiffs' suit relating to ownership of property in question was decreed in circumstances. JUDGMENT ABDUR REHMAN KHAN, J.---Petitioner/appellant was granted leave in this case to consider; whether, the suit property as mentioned in the plaint was the same which was covered by sale-deed Exhs.PW-3/1 to 3/5 executed by Abdul Munaf in favour of the appellants and as to what would be the effect of another deed Exhs.DW-1/1 to 1/24 executed by the said vendor in favour of the respondent. 2. The factual controversy which led to the filing of this appeal was that the appellants brought a suit for…

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