Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 12 & 42---Suit for specific performance of contract and declaration--­Plaintiff. had claimed that plot in dispute was purchased by him from the defendant through agreement of sale, but defendant subsequently practised fraud and transferred the plot in favour of another person secretly---Plaintiff had prayed that subsequent sale be declared null and void against his interest and that decree for specific performance of contract be passed on the basis of agreement of sale allegedly executed in his favour---Plaintiff had also filed agreement of sale of plot in dispute executed in his favour ---Validity--­Agreement to sell by itself would not create any rights and bestow any title upon the plaintiff as he, in pursuance of said agreement, had not taken any further steps---Plaintiff having failed to establish execution of agreement to sell on which his whole claim was based, was not entitled to any decree on its basis---Suit was rightly dismissed by the Trial Court---Orders of Appellate Court below and High Court whereby and decree passed by the Trial Court were set aside, by Supreme Court in appeal restoring that of Trial Court. Muhammad Bashir v. Haji Muhammad Siddique and 5 others PLD 1998 SC (AJ&K) 36 and Fazal Hussain v. Muhammad Manzoor and others Civil Appeal No.69 of 1999 ref. (b) Mirpur Development Authority Act, 1974--- ----S. 39(2)---Mirpur Development Authority Regulations for Development and Disposal of Estates, 1977, Reglns. 13 & 14---Certificate of title issued by Authority---Evidentiary value---Certificate in respect of any lease, sale, exchange or any transfer would establish a sufficient proof of said title and such a certificate was admissible as evidence of that title in any proceedings in the Court. (c) Transfer of Property Act (IV of 1882)--- -----S. 53-A---Execution of agreement to sell---Effect---Mere execution of agreement to sell would not bestow any title until and unless further steps were taken in pursuance of said agreement. Fazal Hussain v. Muhammad Manzoor and others -Civil Appeal No.69 of -1999; Abdullah Bhai and others v. Ahmed Din PLD 1964 SC 106; Muhammad Ayub v. Gulzarin…

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