Law:

Section:

(a) Specific Relief Act (I of 1877)--S. 27(b)--- Subsequent title---Proof---Onus---Transferee had to establish circumstances, which would allow him to retain the benefit of transfer, which prima facie he had no right to retain---Such transferee being the person who had knowledge of the facts as to whether he had paid the consideration and whether he had notice of the original contract, had to prove that he was transferee for value who had paid money in good faith and without notice of the original contract--- Where the whole of the evidence in the case was before the Court and it had no difficulty in arriving at a conclusion in respect thereof it would not be necessary to enter upon the discussion of the question of onus---Question of burden of proof, however, would become material where the Court found evidence so evenly balanced, that it could come to no definite conclusion, in which event the rule was that the party on whom the onus lay must fail. Bhup Narain Singh v. Gokul Chand Mahton and others AIR 1934 PC 68; Shankarlal Narayandas Mundade v. The New Mofussil Co. Ltd. and others AIR 1946 PC 97; Vardan Seth Ram v. Luckpathy Royjee Lallah 9 Moore's 1A 307; Muhammad Aslam Khan v. Feroz Khan AIR 1932 PC 228 and Mst. Kausar Khatoon v. Abdul Khaliq PLD 1971 SC 334. ref. (b) Specific Relief Act (I of 1877)--. ----S. 27(b)---Subsequent transfer---Burden of proof---Onus---Initial burden would be on the plaintiff to proof his prior contract, which if discharged, the burden of proving the consequent bona fide transfer for value without notice would be on the party alleging same. Since in civil suits an issue is to be decided by preponderance of evidence, the initial burden would be on the plaintiff to prove his prior contract, which if discharged, the burden of proving the subsequent bona fide transfer for value without notice would be on the party alleging it. Very little evidence and in certain circumstances a mere denial regarding want of knowledge of the earlier contract would discharge this burden and shift the onus on the plaintiff to prove that the subsequent transferee had the notice of the earlier contract. Malik Muhammad Ishaq v. Mirza Almas Ali Baig PLD…

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