Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 8---Transfer of Property Act (IV of 1882), S.52---Suit for possession of immovable property ---Lis pendens, doctrine of---Applicability---Ex parte decree, on the basis of which the vendor had acquired the title to the suit­ land, had vanished on account of the same having been set aside and only the suits of the vendor, remained pending, relating back to their date of institution ---Alienations of the suit-land were not only without a valid and lawful title of the vendor but would also be hit by the doctrine of lis pendens---Rule of bona fide purchaser, in circumstances, would not override the doctrine of lis pendens and its effects, particularly in the situation when the suits of vendor were dismissed for whatever reasons---Fact that the decrees in favour of vendor were ex parte in nature, and were the only source of title of the vendor the vendees, claiming themselves to be bona fide purchasers, while purchasing the property should have examined the record of the Court pertaining to the decrees and once it was so done, it would have become clear to the purchasers that the ex parte decrees in favour of the vendor were under challenge---Ex parte decree in favour of the vendor having been set aside and ultimately his suit having been dismissed, he was stripped off, of his title to the property and further alienations made also lost their legal value---Having sought the property from a person having no title at all, the vendees could not seek the protection of the rule of bona fide purchaser, to deprive the persons, who were the lawful owners of the suit property. Muhammad Yaqub and another v. Mahboob Ali 1989 PLC (C.S.) 11; Mst. Surraya Begum and others v. Mst. Suban Begum and others 1992 SCMR 652 and Noorul Amin and another v. Muhammad Hashim and 27 others 1992 SCMR 1744 distinguished. (b) Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Suit for possession of immovable property---Vendor had claimed to have purchased the property in the year 1973 from one F who had died in 1969---Sale allegedly by a dead person and likewise the ex parte decree against him was nullity in the eye of law and on the basis of a…

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