Law: Specific Relief Act, 1877

Section: 12,27(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

Specific Relief Act (I of 1877)--- ----Ss.12 & 27 (b)---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Specific performance of agreement to sell---Bona fide purchaser for valuable consideration without notice---Onus to prove---Grievance of plaintiff was that defendant, after execution of agreement to sell with him sold the suit property to a third person---Suit was decreed by Trial Court in favour of plaintiff but Appellate Court allowed the appeal and dismissed the suit---Validity---Evidence available on record showed that no notice about transaction between plaintiff and defendant was given to the third party---Total amount of sale consideration was paid by the third party at the time of taking possession of the suit property, which was shown to be free from all encumbrances---Appellate Court had rightly found that the third party was a bona fide purchaser for consideration without notice---Defendant having stated that he had sold the suit property to third party, burden of proof was shifted upon the plaintiff and Appellate Court had rightly dismissed the suit of plaintiff---Plaintiff remained negligent because when it had come to his notice that defendant was going to alienate the property, he should have at least sent a notice to the third party to bring to her knowledge that he had contracted to purchase the suit property and she should not purchase the property in dispute on payment but he failed to do so---Appellate Court had rightly accepted the appeal and set aside the and decree passed by Trial Court---High Court declined to interfere with the and decree passed by Appellate Court---Revision was dismissed in circumstances. Messrs Pak United Housing Enterprise v. Ramzan and 7 others 1992 CLC 1678 rel. THIS JUDGMENT DELIVERED BY: IQBAL HAMEEDUR REHMAN, J.--- Brief facts leading to this civil revision are that the petitioner/plaintiff filed a suit for specific performance of an agreement against respondent No.2, Nazir Ahmad alias Nazir Ahmad Shah/defendant narrating the facts in the plaint that respondent No.2/defenndnt entered into an agreement to sell for land measuring 8 kanals, 19 marlas for a total consideration of Rs.75,000. Rs.10,000 were…

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