Law: Specific Relief Act, 1877

Section: 12,35

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Specific Relief Act (I of 1877)------S. 12 & 35--- Civil Procedure Code (V of 1908) S. 12(2)---Constitution of Pakistan, Art. 185(3)---Suit for specific performance of agreement to sell immovable property was decreed in terms of a compromise whereafter the plaintiff deposited the decretal amount in court---Lis pendens, principle of---Applicability---Subsequently, on application under S.12(2) of the C.P.C. by the wife of the -debtor; the Trial Court suspended the decree---Plaintiff on the suspension of the decree; withdrew the decretal amount with the permission of the Trial Court as well as the permission of the -debtor---Application of -debtor's wife under S.12(2), C.P.C. and for interim relief was ultimately dismissed by the High Court after which the plaintiff filed an application for re-deposit of decretal amount which was allowed and the decree was executed whereby mutation of the suit land was sanctioned in favour of the plaintiff---Contention of the defendant was that he was a bona fide purchaser of the suit land and had purchased the same from the wife of the -debtor and that the plaintiff's non-deposit of the decretal amount immediately after the dismissal of the debtor's application under S.12(2), C.P.C. was a contumacious act and had to be visited with dismissal of the suit for specific performance---Validity---Decretal amount was withdrawn with the permission of the court and with the consent of the -debtor on account of the interim order granted against and decree in the application under S.12(2) of the C.P.C. by the wife of the debtor; after which, without any unreasonable delay, the said amount was re-deposited and had been withdrawn by the -debtor after execution of and decree--- Contention of the defendant that he was a bona fide purchaser was of no avail as he admitted that the transaction in question was dated when the suit was pending and the said transaction was, therefore, hit by the principle of lis pendens---Petition for leave to appeal was dismissed, in circumstances.Shabbir Ahmed and others v. Zahoor Bibi and others PLD 2004 SC 790 and Muhammad Ashraf Butt v. Muhammad Asif Bhatti PLD 2011 SC 905 rel. and quoted.ORDER TASSADUQ…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492