Article 42 Civil Procedure Code (V of 1908), VIII, R11 Registration Act (XVI of 1908), Section 49 except for the declaration of dismissal of the plaintiff who filed the claim on the basis of his claim on the agreement. And the suit for the sale of the suit property, under a contract of agreement in an alternative suit for specific performance, was acknowledged to be an unregistered document that was specified under section 49 of the Registration Act, 1908. Under the claim declared under relief, neither title nor interest can be created in the suit property. Act 1877, on the basis of the agreement, was not valid. And will not be able to maintain a lawsuit for declaration even if the agreement is considered a sale agreement. And the suit was considered to have certain performance, the restriction could not be binding as it was stated that the agreement was written in 1897 1996 and the case was brought in 2 4 2008 The decision and order passed by the appellate court was set aside and the judgment and decree passed by the trial court were restored in the circumstances.
Related judgments — Peshawar High Court NWFP, 2011
