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---Suit for specific performance of agreement to sell---Bona fide purchaser for valuable consideration without knowledge of prior agreement---Onus to prove/ appellant asserted that defendant/vendor after executing agreement to sell in his favour transferred suit land in favour of defendant/subsequent vendee---Plea raised by defendant/subsequent vendee was that he was bona fide purchaser for valuable consideration---Trial Court decreed suit in favour of plaintiff/ appellant but Lower Appellate Court reversed the findings and dismissed the suit--- Validity--- Plaintiff/appellant claimed that his prior sale via agreement to sell was in knowledge of defendant/ subsequent vendee, whereas the latter pleaded his complete ignorance / vendor asserted that defendant/subsequent vendee was fully aware of earlier sale and purchased suit land at his own risk---Onus shifted to defendant/subsequent vendee pleading bona fide purchase---Earlier transaction settled by defendant/vendor with plaintiff/appellant was proved to be in complete knowledge of defendant/ subsequent vendee, who failed to prove passing of consideration to defendant/ vendor---In absence of making of any due inquiry, findings of Lower Appellate Court on issues relating to payment of consideration amount and bona fide purchase were tainted with misreading and non-reading of evidence---High Court set aside and decree passed by Lower Appellate Court and restored that of Trial Court---Second appeal was allowed, in circumstances. Dhanna Lal v. Shambhu AIR 1917 Nagpur 123; Veeramalai Vanniar (died) and others v. Thadikara Vanniar and others AIR 1968 Madras 383 and Sakhi Jan and others v. Shah Nawaz and another 2020 SCMR 832 ref. JUDGMENT CH. MUHAMMAD MASOOD JAHANGIR, J.--- In this case, the decree awarded to the appellant in his suit for specific performance of contract by the learned Trial Court was reversed in appeal made by subsequent vendee/ respondent No.1 and the former being dejected preferred this second appeal. 2. In terseness, the facts of the case in hand are that suit area vested to Iqbal Bibi/respondent…

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