Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VI, R. 4---Pleadings---Fraud---Particulars of fraud are to be explicitly stated in pleadings. Muhammad Tariq and others v. Mst. Shamsa Tanveer and others PLD 2011 SC 151 rel. (b) Specific Relief Act (I of 1877)--- ----S. 27(b)---Specific performance of agreement to sell immovable property--- Subsequent vendee/purchaser, duty of--- Subsequent vendee/purchaser has to establish by discharging initial onus that (i) he has acquired property for due consideration and is a transferee for value and his purchase is for the price paid to vendor and not otherwise; (ii) there was no dishonesty of purpose or tainted intention to enter into the transaction while acting in good faith and (iii) he had no knowledge or notice of original sale agreement between earlier vendee and vendor at time of his transaction with the latter. Hafiz Tassaduq Hussain v. Lal Khatoon PLD 2011 SC 296 and Bahar Shah and others v. Manzoor Ahmad 2022 SCMR 284 rel. (c) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), S. 100---Second appeal---Principles---Suit for specific performance of agreement to sell---Judgments at variance---Appellants/plaintiffs sought specific performance of agreement to sell which suit was decreed in their favour---Lower Appellate Court reversed findings and set aside and decree passed by Trial Court---Validity---Where s of Courts below were at variance and High Court was hearing second appeal, preference should be given to of Lower Appellate Court---Such principle of law does not entail its universal application and is not an impregnable and invariable rule of law---Finding of Lower Appellate Court is immune from interference in second appeal if the same is supported and substantiated by logical reasoning and proper appreciation of evidence and is not result of misreading and/or non-reading of evidence---Where findings of Lower Appellate Court are at variance with that of Trial Court, the two will come in for comparison of their merits in light of the facts of the case and the reasons of which the two different and contradictory, if not opposing, findings are respectively proceeded---If of Lower…

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