1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs side in a suit for specific performance; against the acceptance by the High Court, of respondents/defendants Civil Revision.
2. After hearing both the learned counsel we consider it a fit case for examination of the following questions:-
(a) Whether the case was fit for interference in the exercise of revisional jurisdiction of the High Court; particularly when the learned two Courts below had rendered findings in favour of the petitioners.
(b) What is the effect on this case of Mst. Khair-ul-Nisa and 6 others v. Malik Muhammad Ishaque and 2 others (PLD 1972 SC 25) cited by the learned counsel for the respondent/caveator and Ghulam Nabi and others v. Seth Muhammad Yaqub and others (PLD 1983 SC 344) cited by the learned counsel for the petitioners.
(c) Keeping in view the provisions of section 27 (h) Specific Relief Act whether it was not necessary for the learned Courts below in this case of specific performance to apply the principles of Islamic Law which required that the vendors/respondents should disclose any defect in title or property to the vendees (in this case the second vendees/ respondents) at the time of the second sale.
(d) If the said principle is held applicable what will he its effect on the plea of the respondents/second vendees regarding their bona fides and lack of notice.
(e) And all other related questions. Leave to appeal accordingly is granted. Security Rs,5,000.
3. ' The appeal shall he prepared on the present record with direction to file all essential documents.