Case Details

Citation(s)
2017 SLG 2501 2017 SLD 2501 2017 YLR 2173
Lahore High Court
R.S.A. No. 331 of 2016, decision Dated: 23-12-2016.
ALI AKBAR QURESHI, JUSTICE
Sh. Naveed Sheharyar and Bashir Ahmad Mirza for Petitioners.

ASIF IQBAL

VS

AMAN ULLAH AND 2 OTHERS

Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 12---Transfer of Property Act (IV of 1882), S. 52---Suit for specific performance of agreement to sell---Lis pendens, doctrine of---Applicability---Suit land was further transferred during the pendency of suit---Suit was decreed concurrently--- Validity--- Transferee purchased the suit land during pendency of civil suit---Rule of lis pendens was applicable in the case---Transferee could not bring on record that precautionary measures were taken by him before purchasing the land in question---Mere inquiring from the revenue officials was not sufficient to prove the stance of bona fide purchaser for consideration without notice---Transferee who purchased the suit land during pendency of suit was not entitled to defend the suit independently---Transferee had failed to prove his stance of bona fide purchaser---Transaction during pendency of suit was subject to final outcome of the suit---Transferee had to swim and sink with his original vendor---Agreement to sell had been proved by the plaintiff---No illegality had been pointed out in the findings recorded by the Courts below while decreeing the suit---Second appeal was dismissed in limine. Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti and others PLD 2011 SC 905; Usman v. (1) Haji Omer Haji Ayub, and (2) Haji Razzak PLD 1966 SC 328; Mst. Allah Ditti v. Settlement and Rehabilitation Commissioner, Lahore and 3 others PLD 1966 (W.P.) Lah. 659; Australasia Bank Ltd. Lahore v. Bashir Barton Stores, Sargodha and 2 others PLD 1971 Lah. 133; Ali Shan and another v. Sher Zaman and 8 others PLD 1975 Lah. 388; Shukri and 3 others v. Ch. Muhammad Shafi Zaffar and 2 others PLD 1975 Lah. 619; Muhammad Jan Ghaznavi v. Captain Haji Muhammad Kabir and 3 others PLD 1977 Quetta 60; Malik Muhammad Iqbal v. Ghulam Muhammad and others 1990 CLC 670; Industrial Development Bank of Pakistan through Deputy Chief Manager v. Saadi Asmatullah and others 1999 SCMR 2874; Mukhtar Baig and others v. Sardar Baig and others 2000 SCMR 45; Muhammad Sabir Khan and 13 others v. Rahim Bakhsh and 16 others PLD 2002 SC 303; Muhammad Nawaz Khan v. Muhammad Khan and 2 others 2002 SCMR 2003; Muhammad…
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