Law:

Section:

Specific Relief Act (I of 1877)---S. 12---Transfer of Property Act (IV of 1882), S.52---Constitution of Pakistan, Art. 185(3)---Suit for specific performance---Lis pendens, principle of---Applicability---Scope---Suit relating to disputed property filed before its alleged purchase---Suit for specific performance qua disputed property filed by plaintiff/respondent was decreed by Trial Court, whereafter it was affirmed by the Appellate Court and defendant's appeal was dismissed---Contention of defendant was that he was bona fide purchaser without notice and suit for specific performance could not have been decreed---Validity---Defendant had not denied that suit for specific performance about disputed property was filed in the year 1992, whereas the defendant had allegedly purchased the said property in the year 1993---Defendant's case was hit by the principle of lis pendens---Judgments and decrees passed by courts below were unexceptionable---Petition for leave to appeal was dismissed in circumstances and leave was refused. Muhammad Ashraf Butt v. Muhammad Asif Bhatti PLD 2007 SC 905 rel. ORDER TASSADUQ HUSSAIN JILLANI, J.---Seeks leave to appeal against the concurrent judgments and decrees i.e. the judgment and decree dated 1-10-2001 passed by the learned Civil Judge Minchinabad whereby respondents' suit for specific performance was decreed and that of learned…

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