Law:

Section:

(a) Specific Relief Act (I of 1877)------Ss. 27(b) & 12---Registration Act (XVI of 1908), S. 60---Suit for specific performance of registered agreement for sale of land---Subsequent vendee's claim to be bona fide purchaser for value without having notice of prior agreement in favour of plaintiff---Proof---Subsequent sale was for a price almost 60% of price mentioned in prior agreement---Nothing on record to show that either price in prior agreement had been over-stated due to fear of pre-emption or price mentioned in subsequent sale was actual market price of suit land at relevant time and its price had fallen between prior agreement and subsequent sale---Subsequent vendee knew vendor for a long time---Plaintiff had published public notices in well know newspapers in the locality regarding his prior agreement---Prior agreement for being registered with Registrar was in itself a notice to general public---Nothing on record to show that subsequent vendee had acted as a man of ordinary prudence in making effort expected from a purchaser wanting to acquire title on payment of price---Subsequent vendee had not specifically denied lack of knowledge about prior agreement, but had mentioned in written statement that if there was an agreement between plaintiff and vendor, then same had ceased to exist because of default on part of plaintiff---Publication of such notices in newspapers would be considered as source of information to existence or cancellation of prior agreement requiring a prudent man to inquire from vendor about his stand on its validity and cancellation---Evidence on record showed that subsequent agreement was not executed in good faith without notice---Suit was decreed, in circumstances. Muhammad Anwar v. Muhammad Aslam and others 2012 SCMR 345; Mst. Rubina Badar through LR v. Messrs Long Life Builders and 4 others 2012 SCMR 84 and Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53 ref. Hafiz Tassauq Hussain v. Lal Khatoon and others PLD 2011 SC 296 rel. (b) Registration Act (XVI of 1908)--- ----S. 60---Transfer of Property Act (IV of 1882), S. 54---­Specific Relief Act (I of 1877), S. 27(b)---Agreement for sale of land, registration…

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