Law: Specific Relief Act, 1877

Section: I,,12,27

Law: Transfer of Property Act, 1882

Section: X,41

Law: Civil Procedure Code (V of 1908)

Section: VII,11

Specific Relief Act (I of 1877)-------Ss. 12 & 27---Transfer of Property Act (IV of 1882), S.41 ---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for specific performance of agreement to sell---Rejection of plaint---Principle---Subsequent buyer, rights of---Principle of part performance---Bona fide purchaser for valuable consideration---Appellant / plaintiff was aggrieved of rejection of his plaint for absence of cause of action--Validity---In rejecting plaint while considering application under O.VII, R.11, C.P.C., all that matters is the contents of plaint---New facts disclosed in the plaint constituted novation of earlier agreement and had given fresh cause---Appellant / plaintiff had to establish such novation as burden was on him and that called for a trial and not summary rejection of plaint---Vendor of appellant / plaintiff had entered into a transaction with subsequent buyer, who was a proper and necessary party---Subsequent purchaser could plead his case before Trial Court, if he was abona fide purchaser in terms of S. 27 of Specific Relief Act, 1877 and S. 41 of Transfer of Property Act, 1882, and could participate in trial of suit filed by appellant / plaintiff---Intra Court Appeal was allowed accordingly.Abdul Hakim and others v. Saadullah Khan and others PLD 1970 SC 63 distinguished.ORDERMUHAMMAD SHAFI SIDDIQUI, J.----This appeal is arising out of an order passed in Suit No. 1132 of 2011 whereby plaint of the Appellant in a suit for specific performance was rejected.2.    The brief facts of the case are that an agreement of sale was executed between the Appellant and Mst. Shahnawaz Begum on 04.03.1997 followed by a registered Irrevocable General Power of Attorney. The possession on payment of full sale consideration, as argued, was handed over and up until such attempt was made there was no dispute. The Appellant stated to have made an attempt to have a transfer of the property in the record of D.H.A., Military Land and Cantonment Board which was denied as the title was not drawn. Aggrieved of it a writ of mandamus against authority was filed and they failed in that attempt and consequently after its withdrawal with…