Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 19

Law: Specific Relief Act (I of 1877)

Section: 12, 27(b)

Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Colonization of Government Lands (Punjab) Act (V of 1912) S. 19---Specific Relief Act (I of 1877), S.12---Specific performance of agreement to sell---Bar contained under S.19 of Colonization of Government Lands (Punjab) Act, 1912---Applicability---Vendor had received major portion of the consideration amount in presence of witnesses and possession of the suit-land was delivered to the vendee ---Decree passed by the Trial Court in favour of the vendee was set aside by the Lower Appellate Court for the reason that the agreement was hit by the bar contained in S.19 of Colonization of Government Lands (Punjab) Act, 1912---Validity---Matter of registration of sale-deed or attestation of mutation in favour of vendee was postponed because of the fact that proprietary rights had not been conferred on the vendor by the time the agreement was executed---Bar contained in S.19 of Colonization of Government Lands (Punjab) Act, 1912 was no: applicable in circumstances- (b) Specific Relief Act (I of 1877) Ss. 12 & 27(b)---Civil Procedure Code (V of 1908), S.100---Specific performance of agreement to sell against subsequent vendee ---Trial Court decreed the suit while the Lower Appellate Court dismissed the same---Second appeal---Contention by the plaintiffs was that the subsequent vendee was a purchaser having notice of earlier agreement in favour of the plaintiffs---Validity---Plaintiffs were entitled to seek specific performance of the agreement even against the subsequent vendee except bona fide vendee without notice and with consideration---Both the Courts below had concurrently found the subsequent vendee as not such vendee as such the earlier agreement to sell could be enforced without getting the sale-deed cancelled---Not the sale-deed but the bona fides of the subsequent vendee that mattered---Where such bona fides was lacking, the judgment and decree of the Lower Appellate Court was set aside and that of the Trial Court was restored. Muhammad Afzal and another v. Rehmat Ali and others 1991 SCMR 1785; Said Ali Shah v. Muhammad Shafi 1989 SCMR 1594 and Haji Abdullah Khan and others v. Nisar Muhammad Khan PLD .1965 SC 690 ref. Date of hearing: 21st March, 2000.…