Law:

Section:

Transfer of Property Act (IV of 1872)-------S. 41---Qanun-e-Shahadat (10 of 1984), Art.118---Specific Relief Act (I of 1877), S.15---Bona fide purchaser---Proof---Defendant had specifically denied any knowledge of alleged prior agreement to sell therefore, burden of proof' shifted upon plaintiff to prove through cogent evidence that subsequent purchaser had specific knowledge of oral agreement---Impugned appellate and decree made no reference to any cogent evidence in this behalf---Assumption of appellate Court that defendants were inhabitants of same village was disputed by them and no specific evidence in support of this conjecture was mentioned---Original contract for sale of property pertained to 1/3rd share of total property and plaintiff's suit, having been filed in respect of less area, was barred under S.15 of Specific Relief Act, 1877, but such matter was not adjudicated upon in appellate ---Such being not sustainable, case was remanded to appellate Court for decision afresh. Mst. Khair-ul-Nisa and 6 others v. Malik Muhammad Ishaque and 2 others PLD 1972 SC 25; Atta Muhammad v. Ali Sher and others 1989 MLD 4504; Din Muhammad v. Bashir Ahmad and 5 others 1979 CLC 466 and Muhammad Afzaal v. Muhammad Iqbal and another 2004 MLD 1288 ref. Ch. Ras Tariq for Petitioners. Ch. Muhammad Abdullah for Respondent No.2. ORDER SHEIKH AZMAT SAEED, J.---This civil revision is directed against the appellate judgment and decree, dated 23-10-1996, whereby, the appeal filed by the petitioners against the judgment and decree, dated 11-7-1993 was dismissed. 2. Brief facts leading to the filing of this civil revision are that respondent No.1 executed an agreement to sell in favour of respondent No.2 in respect of 1/3rd share of land measuring 99 Kanals. The said agreement was executed on 7-1-1984 and the earnest money was paid. It appears that said respondent No.1 was only entitled to 24 Kanals and 15 Marlas of land and subsequently sold the same to the present petitioners, vide registered sale-deed dated 7-10-1985. Respondent No.2 tiled a suit for specific performance against the present petitioners and respondent No.1. Respondent No.1 while accepting existence of the…

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