MUQARRAB KHAN vs Haji GULI SHAH Ss — 2026 PLD 7 PESHAWAR-HIGH-COURT

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MUQARRAB KHAN VS Haji GULI SHAH Ss. 27 (b), 42 & 54---Suit for declaration and injunction---Molding of relief--- Agreement to sell--- Specific performance--- Subsequent purchaser---Respondent/plaintiff claimed to be owner in possession of suit property on the basis of agreement to sell executed in his favour---Both the Courts below decreed suit and appeal in favour of respondent/ plaintiff and against petitioners/defendants who were legal heirs of subsequent purchaser of suit property---Validity---Respondent/plaintiff was able to prove execution of agreement to sell, therefore, the suit should have been converted into suit for specific performance and relief could also be accordingly moulded---Agreement to sell was executed on 8-01-2010 and suit was brought by respondent/plaintiff on 17-05-2010, which was within prescribed period of limitation and there was no hindrance in converting form of suit from declaration to that of specific performance and molding the relief from a decree of declaration of title to one for specific performance of agreement to sell---Predecessor-in-interest of petitioners/defendants who was subsequent purchaser had sufficient notice of agreement to sell, which was earlier entered and executed between respondent/plaintiff by the owner of suit property---Such agreement could validly be executed against petitioners/ defendants---Mere fact of attestation of subsequent mutation could not be deemed sufficient to defeat agreement to sell---Petitioners/ defendants failed to point out any illegality or irregularity sufficient for setting aside judgments and decrees passed by two Courts below---High Court in exercise of revisional jurisdiction modified judgments and decrees and converted the relief from declaration and perpetual injunction to one for specific performance of contract---Revision petition was allowed accordingly.

MUQARRAB KHAN vs Haji GULI SHAH Ss — 2026 PLD 7 PESHAWAR-HIGH-COURT

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