Law:

Section:

Specific Relief Act (I of 1877)--------S. 12---Transfer of Property Act (IV of 1882), S.52---Transfer of Property and Registration (Sindh Amendment) Act (XIV of 1939), S.18---Civil Procedure Code (V of 1908), O.XXIII. R.3---Suit for specific performance of contract of sale---Compromise between the parties---Subsequent transferee of suit land---Entitlement of---Suit having been dismissed, plaintiff filed appeal against dismissal order---During pendency of appeal compromise was arrived at between the parties--­Defendants having sold suit property to subsequent transferees, during pendency of suit said transferees were also arrayed as defendants in the suit---Plaintiff had urged that subsequent sale of suit land in favour of subsequent transferees during pendency of suit was hit by doctrine of lis pendens envisaged by S.52 of Transfer of Property Act, 1882 and said subsequent transferees did not acquire any legal interest in the suit property---Subsequent transferees had pleaded that they were bona fide purchasers of the property for value without notice of alleged agreement of sale executed in favour of plaintiff by defendants---Said transferees had further claimed that they were not party to compromise arrived at between the plaintiff and defendants---Subsequent transferees had further contended that by virtue of Transfer of Property and Registration (Sindh Amendment) Act, 1939 bar on transfer in terms of S.52 of Transfer of Property Act, 1882 was attracted only if notice of pendency of suit was registered under S.18 of Transfer of Property and Registration (Sindh Amendment) Act, 1939, but no such notice had been so registered--­Oompromise arrived at between plaintiff and defendants was binding on ,hem, but subsequent vendees who wen; not parties to such compromise were entitled to contest suit on basis of their plea of being bona fide purchasers for value without notice. Faisal Khalid Daudpota for Appellant. G.M. Qureshi for Respondents Nos. 1(a), (c), 2 and 4. ORDER This case has been received on remand from the Honourable Supreme Court. The brief facts appear to be that one late Raza Hussain, Advocate, the predecessor of the present appellants filed a suit,…

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