Law: Specific Relief Act, 1877

Section: 27(b)

Law: Transfer of Property Act, 1882

Section: 41

Law: Code Of Civil Procedure, 1908.

Section: 115, 31

Summary

The respondents had entered into earlier agreements to sell certain properties with the original owner, Muhammad Abbas. Later, the petitioner, Khadim Hussain, purchased the same properties through subsequent mutations.

The respondents filed suits for specific performance and possession, claiming that the petitioner knew about their earlier agreements. The petitioner denied this and claimed that he was a bona fide purchaser for value without notice.

The Trial Court accepted that the earlier agreements were proved, but found the petitioner to be a bona fide purchaser who had purchased the property for consideration, in good faith and without notice of the earlier agreements. Therefore, specific performance was not granted against him. Instead, the original vendor was ordered to pay compensation.