Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 12, 42, 52 & 53---Limitation Act (IX of 1908), S.5---Suit for declaration and injunction with specific performance of agreement of sale---Suit was deceased but decree was set aside in appeal---Question of title---Limitation---Title in land vested in the Province and the Province through revenue functionaries had decided to abide by any decision, which might be rendered by civil Court---Suit of plaintiffs which was filed within two months of said order, was within time. (b) Specific Relief Act (I of 1877)--- ---Ss. 12, 42, 52 & 53---Qanun-e-Shahadat (10 of 1984), Art.59---Agreement to sell---Proof---Affidavit sworn by promisor/predecessor-in-­interest of defendants, attested by two witnesses along with application moved by promisor to the Development Authority for permission to transfer the land to the plaintiffs had proved the case of plaintiffs---In earlier declaratory suit filed by present defendants and which was withdrawn when the suit was mature for decision, plaintiffs had produced witnesses who confirmed the attestation of documents in question---One of the witnesses, in the present suit, could not be produced because he had died but his statement in earlier suit had conclusively proved the sale transaction---Lamaberdar, who in the earlier suit had identified the promisor/predecessor-in-interest of defendants before the Naib Tehsildar, in the present suit, was declared hostile by Court, however, his signatures were proved through the statement of Handwriting Expert, and his denial of signatures on affidavit was, held, incredible---Promisor, who was employee of Board of Revenue and was well-versed with transactions relating to land could not explain as to why he signed any blank paper on the asking of a person who featured nowhere in the litigation---Sale transaction by predecessor-in-interest of defendants/promisor in favour of plaintiffs was duly proved and one of the legal representatives of promisor had acknowledged that the sale had been made by the promisor---Appellate decree being the result of illegality in the exercise of jurisdiction by Appellate Court was not sustainable which was set aside…

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