Law:

Section:

Specific Relief Act (I of 1877)------Ss. 8, 39 & 42---Suit for declaration, cancellation of sale-deed and recovery of possession---Earlier suit for specific performance of agreement was decreed on the basis of compromise---Defendants, however, having fraudulently transferred substantial portion of decreed land in favour of another party, the plaintiff filed suit for declaration, cancellation of subsequent sale by the defendants to third party and for recovery of possession of suit land; which was decreed by the Trial Court, and and decree passed therein were upheld by the Appellate Court vide impugned ---Defendants, who had got no case on merits, had taken shelter behind technicalities---Validity---No one would be allowed to retain ill-gotten gain---Defendants had indulged in facilitating the collusive transfer of land and they did not take a little care to ascertain as to whether the vendors were the owners of land or not---Both courts below had recorded concurrent findings on questions of facts and on questions of law both after proper appraisal of evidence and correct application of law to the facts of the case---High Court in limited revisional jurisdiction was neither required nor supposed to interfere with the findings of lower forum which were well founded---Petition was dismissed. Kanwal Nain's case PLD 1983 SC 53 rel. Mian Muhammad Younas Shah for Petitioners. Gul Sadbar Khan for Respondents. Date of hearing: 23rd February, 2009. JUDGMENT DOST MUHAMMAD KHAN, J.--- The respondents-plaintiffs had purchased land from the petitioners, however, after receiving the sale consideration, the petitioners refused to transfer the area of 300 Kanals and 8, Marlas in favour of the respondents. The respondents brought two Suits bearing Nos.195/01 and 196/01 on 17-6-1984 and on 24-7-1984 wherein decrees for specific performance of agreement were granted on the basis of compromise, however, the petitioners fraudulently transferred substantial portion of the decreed land in favour of other party, therefore, the suit under discussion was instituted seeking decree of declaration for cancellation of the subsequent sale by the petitioners to 3rd party and for the…

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