Law:

Section:

Specific Relief Act (I of 1877)-------S. 27(b)---Specific performance of a contract can be enforced against either party to the contract or against any other person claiming under him by a title arising subsequently to the contract---Such specific performance of contract is subject to the exception that the same cannot be enforced against a transferee for value who has paid his money in good faith and without notice of the original contract ---Buuden, however, lies heavily on such person to prove that he was transferee in good faith without notice of original contract for valuable consideration---Once it is admitted by the person who entered into the original agreement to purchase that the person who subsequently purchased had no knowledge of the original agreement, the bad faith could not be attributed to the subsequent purchasers in the absence of any material brought on record--­Fact that lesser consideration was shown in the subsequent sale-deed would not make S.27(b) of the special Relief Act, 1877 inapplicable for it was matter between the purchasers and the State, which could claim the payment of the proper stamp duty. [pp. 677, 678] A, B, C, D & E JUDGMENT AJMAL MIAN, J.--- This is an appeal filed by the appellant under Article 185(2)(3) of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution, against the judgment dated 15-11-1992 passed by a learned Single Judge of the Lahore High Court in R.S.A. No.19 of 1992, filed by respondent No. 1 against the judgment and decree dated 8-2-1992 of the learned Additional District Judge, Lahore, whereby upon the appellant's appeal, he set aside the judgment and decree of the learned trial Court in favour of respondent No. 1, allowing the same by setting aside the above appellate judgment/decree and restoring the above judgment/decree of the trial Court. . 2. The brief facts are that the appellant entered into an agreement of purchase with respondent No. 1 on 24-3-1979 (Exh.P.l), hereinafter referred to as the agreement, whereby the latter agreed to sell the suit plot of land measuring 10 Marlas in L.DA.'s Scheme situated in Allama Iqbal Town, Lahore, hereinafter…

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