Law:

Section:

(a) Transfer of Property Act (IV of 1882)------S.53-A--Specific Relief Act (I of 1877), S.27(b)--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider; whether High Court was justified in law to upset concurrent findings of two Courts below; and whether protection under S.27(b) Specific Relief Act, 1877 read with S.53-A Transfer of Property Act 1882 was available to vendee-defendant in absence of any assertion in his written statement or statement recorded by Court that he was a bona fide purchaser for consideration and without notice. (b) Transfer of Property Act (IV of 1882)--- ----S.53-A--Specific Relief Act (I of 1877), S.27(b)--Constitution of Pakistan (1973), Art.185--Agreement to sell between plaintiff and vendor-defendant-­Vendee-defendant purchasing land during pendency of suit between plaintiff and vendor- defendant--Plaintiff specifically stating in plaint that vendee defendant had purchased land with full knowledge of existence of agreement of sale between plaintiff and vendee-defendant---Vendee-defendant though denying having knowledge of existence of agreement of sale yet not taking plea in his written statement that he was a bona fide purchaser for value without notice of plaintiff's claim--High Court, in absence of any material on record acted illegally in extending protection of provisions of S.27(b), Specific Relief Act, 1877 and S.53-A, Transfer of Property Act, 1882 to defendant--Supreme Court framed additional issue to the effect whether vendee-defendant was bona fide purchaser for consideration without notice of title of plaintiff and remanded case to Trial Court for recording evidence thereon and for decision afresh. JUDGMENT ALI HUSSAIN QAZILBASH, J: --This appeal by leave of this Court arises from the judgment dated 11-6-1986 of the Lahore High Court, Rawalpindi Bench. 2. House No.NE/1469 situate on National Glass Factory Road, Rawalpindi, was owned by Muhammad Ayub, respondent No.2. He agreed to sell the suit house to the appellant for the consideration of Rs.24,500 who was in possession of a part of the house as a tenant for a long time. The appellant paid the sum of Rs.4,000 as earnest money to the…

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