Law: Specific Relief Act, 1877

Section: 27(b),12

Law: Specific Relief Act, 1877

Section: 27(b),12

Specific Relief Act (I of 1877)-------Ss. 27(b) & 12---Suit for specific performance of agreement---Plaintiff who purchased suit land on the basis of agreement to sell, paid consideration amount and had obtained possession of suit land---Vendor of suit land in violation of terms of the agreement to sell, subsequently sold the land to subsequent vendees---Plaintiff filed suit against said subsequent sale in favour of the subsequent vendees, praying that said subsequent sale be declared illegal, unlawful, void and inoperative against the rights of the plaintiff---Said suit had concurrently been dismissed by the Trial Court and Appellate Court---Validity---Subsequent vendees were bound to prove on record that their good faith and lack of knowledge of earlier sale in favour of bona fide vendee after taking reasonable care and that they were entitled to protection under S.27(b) of the Specific Relief Act, 1877---Subsequent vendees had failed to prove on record the efforts made by them to get verify the fact that in what capacity the plaintiff possessed the land---Possession of vendor would constitute a notice to the subsequent vendees, who were required to make careful enquiry in respect of prior transaction---Subsequent vendees were obliged to prove on record, apart from payment of vendees; that they had acted in good faith; that they had no notice of original contract/agreement and that they, in the said two aspects had taken reasonable care---Subsequent vendees had not taken reasonable care to find out any previous agreement or to find out that the land was free from all encumbrances---Mere statement of that fact was not sufficient to hold that subsequent vendees had taken reasonable care---Subsequent vendees, in circumstances were not entitled to get protection of S.27(b) of Specific Relief Act, 1877---Concurrent findings of the courts below were not tenable in the eyes of law as same were based on misreading and non-reading and had misconstrued the provision of law---Judgment and decree passed by the courts below were set aside and suit filed by the plaintiff was decreed. Rashid Ahmad and 7 others v. Muhammad Bashir and 2 others 2005 YLR 2914; Ghulam…

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