2008 MLD 204 LAHORE-HIGH-COURT-LAHORE

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AKBAR VS Chaudhry NAZIR AHMAD 1994 SCMR 2189, 2002 SCMR 1089, Qanun-e-Shahadat Order 1984--118 , Qanun-e-Shahadat Order 1984--119 , Qanun-e-Shahadat Order 1984--17 , Qanun-e-Shahadat Order 1984--79 , Specific Relief Act 1877--12 , Transfer of Property Act 1882--41 , S. 12---Transfer of Property Act (IV of 1882), S.41---Qanun-e-Shahadat (10 of 1984), Arts. 17(2)(a), 79, 118 & 119---Suit for specific performance of agreement to sell---Suit decreed by Courts below concurrently---Validity---Delivery of possession to plaintiff had taken place after receipt of earnest money by defendant---Balance payments had been made through receipts---Plaintiff, after purchasing suit shop had rented out the same to a tenant and had placed on record eviction order passed against tenant by Rent Controller and Appellant Court---Such evidence in support of plaintiff's claim was of great relevance and importance, which had remained unrebutted---Attesting witnesses of agreement to sell had died---Statement of plaintiff coupled with circumstantial evidence included such judicial orders was sufficient to prove execution of agreement-Subsequent purchaser claiming to be bona fide purchaser without notice had not proved his claim by producing clear and cogent evidence---Courts below had rightly decreed suit---High Court dismissed, appeal.