Law:

Section:

Specific Relief Act (I of 1877)---S. 12---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of agreement to sell---Contentions of petitioner were that the respondent had failed to prove the original agreement as well as the subsequent agreements inasmuch as he did not place the agreements on record and the same was produced in evidence by the petitioner and that the other respondent never agreed to sell his land and the suit was illegally decreed in favour of the respondent---Plea raised by the petitioner was that he was a bona fide purchaser for consideration through a registered sale-deed and the land purchased by him could not be decreed in favour of the respondent, who had failed to prove any transaction relating to the suit-land---Leave to appeal was granted by Supreme Court to consider the questions raised by the petitioner. ORDER RANA BHAGWANDAS, J.---Petitioner seeks leave to appeal the High Court judgment, dated 23-11-1998 whereby his Civil Revision No. 1723 of 1992 directed against the common judgment of Additional District Judge, Kasur, dated 12-9-1999, modifying the decree, dated 26-11-1990 passed by learned Civil Judge, Kasur, was dismissed. 2. Respondent Ibrahim filed a suit for possession of suit-land measuring 15 Kanals, 3 Marlas out of 19 Kanals, 11. Marlas Owned by Muhammad Yousaf through contracts of sale, dated 7-6-1984, 24-12-1985 and 28-12-1985. According to the entries in the Revenue Record, total area of the land measuring 123 Kanals was recorded in the name of Muhammad Yousaf predecessor-in-interest of respondent No.2 and others. It is the case of petitioner that he purchased land measuring 15 Kanals, 3 Marlas vide registered sale-deed, dated 2-12-1987 from respondent No.2, Ghazanfar Ali for a sale consideration of Rs.40,000. In the suit filed by respondent No. 1, he had based his claim on the premises that one Naib Subedar-Muhammad Yousaf had entered into an agreement of sale of his total land vide agreement, dated 7-6-1984 against a consideration of Rs.80,000 and received Rs.64,000 as earnest money. The sale-deed was to be executed after obtaining permission from General Headquarters as the land appeared to have been…

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