Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 8 & 27(b)---Transfer of Property Act (IV of 1882), S.41---Suit for specific performance of agreement to sell---Two rival suits in field in respect of suit-land, one by prior vendee alleging written agreement to sell in his favour and delivery of its possession, and other by subsequent vendee alleging oral agreement to sell in his favour---Prior vendee in support of written agreement examined vendor, scribe and attesting witnesses thereof and produced Khasra Girdawri regarding his possession over suit-land---Validity---Vendor as witness had affirmed to have entered into written agreement to sell with prior vendee and received sale consideration---Subsequent vendee during cross-examination could not create any dent in credibility of vendor---Prior vendee had proved delivery of possession by producing Khasra Girdawri and examining witnesses---Prior vendee by producing such evidence had discharged initial cries to prove execution of agreement and delivery of possession indicating his lien over suit-land-Subsequent vendee had neither pleaded nor proved in affirmative lack of knowledge or notice of such prior written agreement nor had alleged same to be fake---Nothing on record to show that subsequent vendee had made any enquiry regarding such prior written agreement or lien over suit¬-land---Factum of possession of prior vendee over suit-land was sufficient notice to subsequent vendee that there was a prior lien and charge thereon---Suit filed by prior vendee was decreed and that filed by subsequent vendee was dismissed in circumstances. Surraya Begum v. Subhan Begum 1992 SCMR 652; Rasheeda Bibi v. Mukhtar Ahmad 2008 SCMR 1384 and A. Razzak Adamjee v. Datari Construction Co. (Pvt.) Ltd. 2005 SCMR 142 at 174 ref. Varden Seth Sam v. Luckpathy Royjee Lallah (9 MIA 307); Bhup Narain Singh v. Gokul Chand Mahton and others AIR 1934 PC 68; Muhammad Ashraf v. Ali Zaman 1992 SCMR 652; Muhammad Bashir v. Iftikhar Ali PLD 2004 SC 465 and Shah Muhammad v. Inayat Ullah PLD 1953 Lah. 87 rel. Ramakrishna v. Chidambara AIR 1928 Mad. 407; Abdul Haq v. Yehia Khan AIR 1924 Patna 81 and Abdul Haque v. Shaukat Ali 2003 SCMR 74…

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