' SH. AZMAT SAEED, J.---This Civil Revision is directed against the appellate judgment and decree, dated 20-10-1999, whereby, the appeal tiled by the petitioner was dismissed.
2. Brief facts leading to the filing of this revision petition are that the present petitioner instituted a suit for specific performance against respondent No,1 in respect of the property in dispute.
Respondents Nos. 4 to 6 are subsequent purchasers of the suit property and were subsequently impleaded. The said suit was contested and it was claimed by respondent No,1 that she never entered into an agreement with the petitioner, who has fraudulently prepared the documents sued upon, which had been thumb marked by respondent No,1 bank on trust and on representation of the petitioner that the same was for managing the land in dispute. On the divergent pleadings of the parties, issues were framed and evidence led. Whereafter, vide judgment and decree, dated 20-9-1997 the suit filed by the petitioner was dismissed. Aggrieved the petitioner filed an appeal, which failed to find favour and was dismissed vide the impugned judgment and decree.
3. Learned counsel for the parties have been heard and the record appended with this revision petition has also been perused.
4. Learned counsel for the petitioner has drawn the attention of this Court to the impugned appellate judgment and decree wherein it has been held that the evidence produced by the petitioner-plaintiff does not prove beyond any shadow of any doubt the existence of or genuineness of the alleged agreement to sell; and further it has been held that respondents Nos. 4 to 6 are bona fide purchasers. It is contended by learned counsel for the petitioner that the execution of the document in question is admitted. This aspect of the matter has not been considered by the Appellate Court. Similarly respondents Nos. 2 to 6 acquired rights in the suit property during the pendency of the litigation hence the principle of lis pendens would apply. It is clear and obvious that the aforesaid aspects of the matter, which go to the very root of the lis have not been considered. In the B circumstances, the impugned appellate judgments and decrees cannot be sustained and are hereby set aside. Consequently, this case is remanded to the first Appellate Court to decide the matter afresh after hearing both the parties in the light of above observations. The respondent shall finally decide the appeal expeditiously, if possible, within four months from the date of receipt of this order.