Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Transfer of Property Act (IV of 1882), S.41---Suit for specific performance of agreement, of sale---Claim of plaintiff was that defendant being owner of suit-land had executed an agreement whereby he agreed to sell the suit-land to him for a consideration and after receiving earnest money had delivered possession of suit-land to the plaintiff and had promised that he would execute sale-deed after receiving balance amount---Plaintiff had alleged that defendant having failed to perform his promise, he had to file suit for specific performance of agreement---Defendant denied execution of sale agreement, receipt of earnest money and handing over possession of suit-land to the plaintiff--­Another person had claimed that he was bona fide purchaser of suit-land from the defendant---Suit was decreed by the Trial Court, but and decree passed by Trial' Court was set aside in appeal by Appellate Court holding that existence of agreement to sell was not proved by the plaintiff---Plaint did not refer at all to any oral or written agreement arrived at between plaintiff and defendant---In absence of any explanation on the part of plaintiff in that respect, Appellate Court had rightly concluded that plaintiff had failed to prove any sale agreement in his favour---Contention of plaintiff that sale of suit-land in favour of another person by defendant was void as the other person was aware of the sale agreement arrived at between plaintiff and defendant, was repelled because plaintiff, could not prove execution of sale agreement in his favour---Plaintiff had himself admitted that at the time of filing the suit, the other person was in possession of suit-land and it was not his case that possession was taken over by the said other person from him, ---Other person therefore, had no knowledge of alleged sale agreement---Appellate Court, had rightly dismissed the suit of the plaintiff. Ch. Khursheed Aimed for Appellant. M. Zain-ul-Abidin and Saif-ul-Haq Ziay for Respondents. Date of hearing: 17th April, 2000. JUDGMENT On 2-4-1975, Hakeem Abdul Aziz Khan, the predecessor-in-interest of the appellant (hereinafter to be referred to as the…

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