Law: Specific Relief Act, 1877

Section: 12

Law: Transfer of Property Act, 1882

Section: 53

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Original owner having admitted the sale agreement---Subsequent purchaser---Bona fide---Proof of---Requirements---Original owner got recorded his statement that he had no objection if suit was decreed---Contention of defendant was that he was bonafide purchaser of suit property---Suit was dismissed concurrently---Validity---Original owner had admitted sale agreement in favour of plaintiff and he had no objection if the suit was decreed---Subsequent purchaser was bound to prove that his purchase was bona fide and that too without knowledge of sale agreement in favour of plaintiff---Subsequent purchaser by having not produced evidence nor having cross-examined the witnesses of plaintiff but relied upon the evidence of other defendants, admitted the statement of plaintiff and his witnesses in circumstances---Impugned mutation in favour of subsequent purchaser had been attested after issuance of injunctive order by the Trial Court---Plaintiff was not required to produce two witnesses to prove alleged agreement in his favour as original owner had admitted the same---Subsequent purchaser was required to produce his defence for non-suiting the plaintiff---Courts below fell in error while dismissing the suit---Subsequent purchasers were not bona fide purchasers of suit property---Impugned s and decrees passed by the Courts below were against law and without jurisdiction and same were set aside---Suit filed by the plaintiff was decreed---Revision was allowed, in circumstances. Mst. Tabassum Shaheen v. Mst. Uzma Rahat and others 2012 SCMR 983 and Bagh Ali v. Mst. Ayesha and others 2013 SCMR 551 rel. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, J.--- Through this civil revision the petitioner, who is plaintiff of a suit for specific performance, has challenged the judgment and decree dated 07.03.2009 passed by the learned Additional District Judge, Gujar Khan whereby the appeal filed by the petitioner was dismissed and the judgment and decree dated 26.03.2008 passed by the learned Civil Judge, Gujar Khan whereby the suit filed by the petitioner/plaintiff was dismissed. 2.…

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