Law:

Section:

Specific Relief Act (I of 1877)---------S. 12---Constitution of Pakistan (1973), Art. 185(3)-Suit for specific performance of agreement to sell---Dismissal of suit by Courts below was upheld by High Court in revision---Validity---Question of fact that defendant was bona fide purchaser of suit-land for consideration had been determined by two Courts below and upheld by High Court---Impugned did not suffer from any illegality or legal infirmity warranting interference---Supreme Court dismissed petition and refused leave to appeal. Dr. A. Basit, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Aftab Iqbal Chaudhry, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Respondents. Date of hearing: 7th April, 2003. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 12-11-1999 whereby a learned Single Judge of the Lahore High Court, Lahore, dismissed Civil Revision No.7-D of 1986 filed by the petitioners maintaining the earlier determinations of the two Courts below. Facts briefly are that the petitioners filed a suit for specific performance on the basis of an agreement, dated 24-8-1974 whereby the respondent Muhammad Rafiq agreed to sell the disputed land for a consideration of Rs.10,500. A sum of Rs.1,500 was paid as advance. Thereafter another amount of Rs.3,000 was subsequently paid through another agreement, dated 23-1-1975. An exception was also taken to the sale-deed dated 23-5-1975. The suit was resisted by the respondent. Issues were framed and the parties led their evidence. The learned Civil Judge, Nankana Sahib, through his judgment, dated 23-9-1980 dismissed the suit. Appeal filed by the petitioners was accepted by the learned Additional District Judge, Sheikhupura, through his judgment, dated 1-8-1981 and the suit was remanded to the trial Court for…

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