Acknowledged principle of law that a mere agreement to sell does not create any right, title or interest in respect of a property in favour of a buyer.

 It is an acknowledged principle of law that a mere agreement to sell does not create any right, title or interest in respect of a property in favour of a buyer. The Hon’ble Supreme Court of Pakistan on more than one occasions has held that even a decree for specific performance does not create any right, title or interest unless and until it is put into execution and a sale deed is executed in pursuance thereof.

A High Court in exercise of revisional jurisdiction is not bound to enter into the merits of the evidence or for that matter of the case or the controversy involved but in a case where concurrent findings of fact are perverse and result out of a material irregularity inasmuch as jurisdiction vesting in the courts below has not been exercised, a High Court can remand the matter to the courts below and not indulge in a fact finding exercise itself or even in an exercise rooted in discovering facts that have a crucial bearing on the controversy to be so resolved.

C.R. No. 11 of 2009
Fateh Muhammad, etc. VersusD Dishad Ahmad, etc