Law: Specific Relief Act (I of 1877)

Section: 42, 54

Law: Transfer of Property Act (IV of 1882)

Section: 54

(a) Specific Relief Act (I of 1877)---------Ss. 42 & 54---Transfer of Property Act (IV of 1882), Ss.54--�Contract Act (IX of 1872), S.2(h)---Suit for declaration of title and permanent injunction---Agreement to sell---Defendant claimed to be in possession of half of suit land under agreement to sell by plaintiff--�Courts below concurrently decreed suit---Validity---Plaintiff had proved his title to entire land by producing registered sale-deed---Agreement to sell would not create any title-- -Defendant being beneficiary of alleged agreement had to prove sale transaction incorporated therein---Execution of agreement to sell by plaintiff had not been proved---Alleged agreement prepared two decades back had never seen maturity in form of sale-deed---.Marginal witnesses of agreement were close relatives of defendant---Statements of defendant's witnesses were self contradictory and opposed to agreement---Merely by producing marginal witnesses, transaction of sale between parties independent of alleged agreement would not stand proved---Defendant could not prove lawful sale in his favour by paying price of land and transfer of possession thereunder--�Concurrent findings of facts of Courts below were not suffering from misreading or non-reading of evidence---Impugned s were immune from interference in revisional jurisdiction---High Court dismissed revision petition. Muhammad Anwar v. Nabi Hussain 1991 CLC Note 47 at p.34; Nawab Din v. Ghulam Qadir and 9 others 1994 MLD 1275; Siraj Din v. Mst. Jamilan and another PLD 1997 Lah. 633; Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291; Mst. Shumal Begum v. Mst. Gulzar Begum and 3 others 1994 SCMR 818; Sirbaland v. Allah Loke and others 1996 SCMR 575 and Mst. Kaniz Fatima through Legal Heirs v. Muhammad Salim and 27 others 2001 SCMR 1493 rel. (b) Transfer of Property Act (IV of 1882)----- ----Ss. 53-A & 54---Agreement to sell would not create any title. M. Ghulam Muhammad v. Custodian of Evacuee Property, Lahore and others PLD 1966 Lah. 953; Sh.Nazir Ahmed v. Haji Ghulam Hussain and others 1985 CLC 7; Cap. Dr. Abdul Wahab v. Province of Punjab and another 1986 MLD 2049 and Sh. Manzoor Ahmad and…