Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S. 53-A---Specific Relief Act (I of 1877), S. 12---Specific performance of agreement to sell---Two rival claimants claiming specific performance of agreements of sale in their favour---Entitlement---Agreement to sell in favour of appellants was earlier in point of time---One of the respondents being attesting witness of said sale agreement respondents would be deemed to have the knowledge of the same---Respondents, thus, could not be deemed to be bona fide purchasers for value---Appellants having received possession after making part payment of consideration and having paid the balance of consideration subsequently were entitled to protection under provisions of S.53-A, Transfer of Property Act, 1882---Appellants, thus, were entitled to the performance of agreement to sell. Rashid Ahmad v. Friends Match Works PLD 1989 SC 503 ref. (b) Transfer of Property Act (IV of 1882)--- ----S. 53-A---Colonization of Government Lands (Punjab) Act (V of 1912), S.19---Proprietary rights of land in question agreed to be sold after the same were obtained by the Government---Objection that proprietary rights having not yet been conferred, agreement to sell relating to such land was hit by provisions of S.19 of the Act V of 1912---Such plea was not available to respondents for, they were themselves seeking performance of the agreement of sale in their favour---Such agreement, however, was not hit by provisions of S.19, Colonization of Government Lands Act 1912, for what was agreed to, in said agreement was that proprietary rights in the land would be conveyed after the same were obtained from the Government---Attack on the basis of provisions of S.19, Colonization of Government Lands Act 1912, could only, succeed, if it was shown that intention of agreement was to defeat the law--­Agreement to sell in favour of appellants was thus, valid and binding against respondents. (c) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), 5.100---Agreement to sell in favour of appellants being prior in point of time than the one executed in favour of respondent, appellants were entitled to have the agreement…

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