Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Declaration of title---Oral sale---Proof---Plaintiff claimed that when decision was made by Trial Court in favor of defendant, he had orally sold the suit .property to him---Trial Court as well as Lower Appellate Court decided the suit and appeal in favour of plaintiff---High Court, in exercise of revisional jurisdiction set aside the concurrent judgments and decrees passed by two Courts below and dismissed the suit---Validity---Immovable property was sold by defendant through oral transaction without even single piece of paper might be in the form of a receipt of the amount or might it be in the form of an agreement to sell---If the properly had been sold after the decision of court of first instance then there was no occasion for defendant to pursue the case before Lower Appellate Court and after having an adverse decision to go to High Court by filing second appeal and litigating it for about further ten years before two appellate forums, i.e. Lower Appellate Court and High Court---It was not the case of plaintiff that such prosecution of case by defendant was at his instance or for his benefit or that he had also contributed towards expenses of litigation---Case of defendant was further strengthened by making a report with police about taking possession forcibly of the property by plaintiff' as factum of possession of plaintiff otherwise would have gone in his favour; it was a clear case of collusion between plaintiff and the previous litigant with defendant, which deprived the defendant to reap the fruit of the decree passed by the court in his favour in previous litigation---No injustice could .be done greater than the one in the present case if the suit of plaintiff succeeded by defeating the lawful process of obtaining possession by defendant through execution in roundabout manner through a collusion---Supreme Court declined to interfere with the judgment and decree passed by High Court---Appeal was dismissed. Sheikh Muhammad Bashir Ali and others v. Sufi Ghulam Mohi­-ud-Din 1996 SCMR 813; Abdul Hakeem v. Habibullh and 11 others 1997 SCMR 1.139; Roazi Khan and others v. Nasir and others 1997 SCMR 1849;…

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