On the basis of Section 42 and 12 of the Transfer Property Act (IV of 1882), the section 53A suit for sale agreement the declaration for the plaintiff was that he was the owner of the disputed property on the basis of the contract for sale and sale. ? The defendant's right was a breach of the law and the facts and at the same time the suit was decided. The plaintiff was unable to prove that the possession of the suit property had been handed over to him at the time of the execution of the sale agreement, and no finding was made concerning the plaintiff's possession of the suit property. The plaintiff sought the declaration of title on the basis of the sale agreement by the courts below which did not create any interest or interest in it. The suit for declaration on the basis of the sale agreement was not retained. Had to do. The performance of the contract to sell the protection provided in section 53A of the Transfer Property Act, 1882 was not presently available to the defendant. Failing to prove the conditions provided for in Section 53A of the Transfer Property Act, 1882, the plaintiff did not seek relief for the specific performance of the sale agreement in this suit before it confirmed the sale's certification. The plaintiff was previously on the suit property. The plaintiff failed to prove that the sale was contracted by coercion, influence or forfeiture purposes. The valid sale agreement was proved in favor of the defendants, the two courts finding was based on misunderstandings and they were obliged to keep the judgment separate. The orders of the two courts below were set aside and the case dismissed.
Related judgments — Peshawar High Court NWFP, 2014
