Law:

Section:

Specific Relief Acr (I of 1877)---------------Ss. 42 & 12---Suit for specific performance of agreement to sell and declaration---Plaintiff had claimed that defendant who was owner of suit land agreed to sell the land to plaintiff vide agreement and that plaintiff had paid entire amount to the defendant who had also execued registered general power of attorney in his favour---Plaintiff had alleged, that the defendant, in breach of said agreement sold suit land in favour of another person vide registered sale-deed which was illegal, void and ineffective upon rights of the plaintiff ---Vendee had resisted suit contending that he was a bona fide purchaser of suit land for value and without notice and that he had no knowledge of agreement arrived at between plaintiff and the defendant--- Trial Court decreed the suit ---Vendee had pleaded and also stated on oath that he 'was not aware of the agreement allegedly arrived at between plaintiff and defendant---Plaintiff himself neither pleaded nor stated in evidence that he had informed the vendee of the said agreement or for that matter vendee was in any manner aware of said agreement at the time of sale in his favour---Trial Court, in circumstances, was not justified to decree suit---Findings recorded by Trial Court were reversed in appeal---No allegation against vendee that he had committed any fraud or was a party to alleged fraud---Defendant was proved to have fraudulently received amount from the plaintiff under agreement---High Court setting aside and decree of Trial Court also passed decree for recovery of amount in favour of plaintiff and against the defendant who had fraudulently received same from plaintiff. Mst. Surraya Begum and others v. Mst. Subhan Begum and others 1992 SCMR 652; Ramdeni Singh v. Gumani Raut AIR 1929 Pat. 300 and Mst. Khairul Nisa's case PLD 1977 SC 25 ref. Alamgir for Appellant. Ch. Ijaz Akbar for Respondent No.1 Nemo for Respondent No.2. Date of hearing: 13th August, 2002. JUDGMENT MAULVI ANWARUL HAQ, J.---On 28-3-1989 respondent No. l filed a suit against the appellant and respondent No.2.'In the plaint it was stated that land measuring 37 Kanals 18, Marlas described in para. l of…

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