Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 39--Transfer of Property Act (IV of 1882), S.54---Qanun-e-Shahadat (10 of I 984), Art. 114--Suit for cancellation of sale-deed--Estoppel-Appellant in his suit sought cancellation of sale-deed in respect of suit property---Trial Court decreed suit, but Appellate Court setting aside and decree passed by Trial Court, dismissed suit---Validity-Held, land in dispute was gifted to appellant by his real uncle, and subsequently said uncle along with his other brother and appellant sold land in favour of predecessor-in-interest of respondents--Sufficient evidence was available on record regarding consent of appellant to the sale of his share--All three vendors, including appellant appeared before Sub-Registrar concerned for registration of sale-deed executed in favour of predecessor-in-interest of respondents and said document was registered in their presence and appellant being an adult and sane person, raised no objection to the sale by his real uncle in favour of respondent/vendee---Possession of entire land including share of appellant sold out to the said vendee, was handed over to vendee/respondent in presence and knowledge of the appellant-All vendors including appellant having transferred land deliberately and with mutual consent in favour of respondent/vendee, appellant was estopped to challenge the impugned sale---Provisions of Art.114 of Qanun-e-Shahadat, 1984 would come to rescue the respondents/vendees which would debar appellant to bring suit against respondents--Impugned and decree of Appellate Court was allowed to continue and appeal against said and decree, was disallowed. (b) Civil Procedure Code (V of 1908)--- --O. XLI, R.24---Re-settling of issue and determining suit finally--If the evidence on record was sufficient to enable the Appellate Court to pronounce the , the Court was empowered to re-settle issue/issues, if necessary to finally determine the suit. Rafiullah Sultani for Appellant. Raja Mirdad for Respondents. ORDER SARDAR MUHAMMAD NAWAZ KHAN, J.--This appeal arises out or the following facts: Civil Suits one by Muhammad Razaq-appellant herein and other by Mst. Shamim Akhtar and others respondents…

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