Law:

Section:

Specific Relief Act (I of 1877)------S. 12---Suit for possession through specific performance of agreement of sale---Both Courts below after proper and due evaluation of evidence had found that deceased owner of suit-land, upon receipt of earnest money, had executed agreement to sell in favour of plaintiffs and that said agreement was duly acknowledged by legal heirs of deceased---Legal heirs of deceased received further amount as earnest, money from the plaintiffs and undertook to execute necessary sale-deed in favour of plaintiffs upon award of Guardianship Certificate and decision of certain litigation before Board of Revenue---Legal heirs of deceased in breach of their undertaking sold the suit-land to the subsequent vendees---Trial Court adjudged existence and execution of agreement to sell in favour of plaintiffs, but refused to pass decree for specific performance in favour of plaintiffs on ground that suit was time-barred and that subsequent vendees were bona fide purchasers without notice of earlier agreement of sale in favour of plaintiffs---Subsequent vendees having not fixed any definite date, taking date of sale to plaintiffs as hate of refusal to perform, plaintiffs were well within their rights and time to file suit to avoid subsequent safe mutation---Appellate Court had validly found the suit to be within time---Appellate Court on due and proper analysis of evidence, validly found that subsequent vendees had knowledge of agreement in favour of plaintiffs particularly in view of their possession of suit-land---No cogent and specific evidence was led by subsequent vendees on their bona fide purchase without notice of agreement to sell in favour of plaintiffs---Question of fact had been adjudged by Appellate Court below on basis of due and proper analysis of evidence---In absence of any misreading, non-reading or any excess of authority or material irregularity, such findings could not be interfered with in revisional jurisdiction of High Court. Mian Muhammad Aslam Arain for Petitioners. Sardar Dilshad Ahmad for Respondents Nos. 1 to 3 Respondents Nos.4 to 10: Ex parte. Date of hearing: 10th February, 2003. JUDGMENT Through this civil revision,…

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