Law:

Section:

(a) Transfer of Property Act (IV of 1882)--S. 53-A---Scope of S.53-A, Transfer of Property Act, 1882---Part performance of contract---Provisions of S.53-A, Transfer of Property Act, 1882, would enable transferee to protect his possession over property subject to fulfilment of two conditions; firstly, existence of agreement to transfer said property and secondly that transferee had been put in possession of said property in part performance of the agreement---Provisions of S.53-A, Transfer of Property Act, 1882 was shield and could not be used as a sword. Dr. Faqir Muhammad v. Maj. Amir Muhammad and others 1982 SCMR 1178; Mst. Saddiqunnisa v. Khan Sahib Agha Muhammad Sultan Mirza and 8 others PLD 1972 Kar. 103; Habibur Rehman and another v. Mst. Wahidania and others PLD 1984 SC 424 and Hakim Ali v. Sakhi Muhammad 1996 SCMR 354 ref. (b) Transfer of Property Act (IV of 1882)------S.53-A---Specific Relief Act (I of 1877), Ss. 12 & 42---Agreement to sell property--Nature---Agreement to sell property, could not confer any title on vendee because same was not a title deed and such agreement would not confer any proprietary right on vendee- --Declaratory decree as envisaged by S.42, Specific Relief Act, 1877 could not be awarded to vendee because declaration could only be given in respect of a legal right of character---Only right arising out of an agreement to sell was to seek its specific performance and in case vendee had been put in possession, same was protected under S.53-A, Transfer of Property Act, 1882. ORDER SH. RIAZ AHMED, J.---Leave to appeal is sought against the judgment and order dated 14-4-1999 whereby a learned Judge of Lahore High Court dismissed C.R. No.2621 of 1995 and S.A.O. No.203 of 1995 because the litigation in these two matters was between the same parties and related to a dispute over a shop. 2. 'The relevant facts are that on 19-11-1989 the petitioner Muhammad Yousuf instituted a suit for declaration that he was owner in possession of disputed shop by virtue of an agreement to sell dated 1-7-1975 executed by Haji Muhammad Bakhsh, predecessor-in-interest of respondents Nos. l to 5 and the sale of the shop made by the aforesaid respondents…

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