Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement of sale---Suit property which was evacuee in nature was allotted to female as displaced person, but her attorney fraudulently got allotted same in his own name from whom plaintiff hats allegedly acquired it through unregistered sale­deed on basis of which plaintiff obtained decree for specific performance of agreement of sale--.-Claim of defendants was that they had purchased suit property from last purchaser thereof at time when allotment in favour of female allottee was intact---Allotment allegedly made in favour of attorney of female allottee who later on sold same to plaintiff, was cancelled under the order of Competent Authority when it was found that said attorney had got allotment in his favour by way of fraud---Attorney of female allottee/vendor being not owner of suit property, decree passed in favour of plaintiff, was a void decree and such decree which was nullity and void, would be ignored even by Executing Court--­Plaintiff/vendee could not take shelter behind said decree as he had stepped into the shoes of vendor -who was having no legal title 'in the suit property---View taken by Appellate Court was perfectly in accordance with law and principle of justice and was-based on solid and cogent evidence---Conclusion drawn by Appellate Court were fair and findings recorded thereon were also in accordance with evidence on record---No exception could be taken to findings of Appellate Court. AJK BISE, Mirpur and 3 others v. Abdul Qayyum Qamar PLD 2003 SC (AJ&K) 14 and Muhammad Darwaish Khan v. Bahadar Nawaz khan and others 1995 MLD 2011 ref. Zia-ur-Rehman Khan for Petitioner. Gul Sadber Khan for Respondents. Date of hearing; 23rd September, 2003. JUDGMENT Impugned in this petition is the judgment and decree, dated 9-5-1996 of the Appeal Court (District Judge, Charsadda) who while setting aside the decree granted in favour of the petitioner dismissed his suit. Arguments heard and record perused. Brief but relevant facts are that the suit property was ownership of a Hindu, now evacuee and which on his demise was mutated in the names of L. Rs. of Damramil. This entry…

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