Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), S.144---Suit for specific performance of agreement of sale---Ex parte decree, setting aside of---Right of subsequent purchaser---Suit for specific performance of agreement of sale filed by predecessor-in-interest of respondent in respect of land against owner thereof, was decreed ex parse---Decree-holder after execution of registered sale-deed on basis of ex pr,.-to decree, sold land in dispute to petitioner---Ex parse decree passed in favour of predecessor-in-interest of respondents subsequently was set aside by Appellate. Court and case was remitted to Trial - Court---Application for transposition of petitioner as plaintiff was finally dismissed and appeal against said order was also dismissed by Appellate Court---Ex parte decree passed in , favour of predecessor-in-interest of respondent in suit for specific performance of agreement on basis of which he became owner of land in dispute and he transferred same to petitioner, having been set aside, he was no more owner of said land---Petitioner who after execution of ex parte decree had purchased said land could not claim better title after setting aside said ex parte decree than that of predecessor-in-interest of respondents. 1970 SCMR 639; PLD 1980 Kar. 296; 1992 SCMR 485; PLD 1992 SC 590; PLD 1961 Dacca 263; PLD 1968 Kar. 345; PLD 1980 Kar. 296 and PLD 1971 Lah. 359 ref. (b) Transfer of Property Act (IV of 1882)--- ----S. 55---Agreement to sell---Right of vendee ---Agreement to sell would not create any right in favour of person claiming such right under the agreement until and unless it was specifically got enforced through decree of the Court and sale-deed was executed. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction, exercise of---Petitioner having failed to point out any infirmity or illegality in concurrent s and decree of Courts below, same could not be interfered with by High Court in revisional jurisdiction. JUDGMENT This judgment will govern Civil Revision No. 1294-D of 1996 and C. R. No. 132-D of 1997 as the same have been directed against the impugned judgment and decree, dated…

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