Law:

Section:

(a) Transfer of Property Act (IV of 1882)---Ss. 3 & 54---Registration Act (XVI of 1908), S.18---Notice of registered agreement to sell---Presumption---In absence of application of Transfer of Property Act, 1882, registration of agreement to sell was not necessary, thus, no one could presume about its execution between parties. Muhammad Sharif and others v. Muhammad Shafi and others PLD 1956 (W.P.) Lah. 675 fol. (b) Transfer of Property Act (IV of 1882)--- ----Ss. 3 & 54---Notice of registered sale-deed executed in Punjab---Presumption---Transfer of Property Act, 1882 being not applicable, thus, no one was obliged to know under the law about registration of sale-deed. Muhammad Sharif and others PLD v. Muhammad Shafi and others 1956 (W. P.) Lah. 675 fol. (c) Specific Relief Act (I of 1877)--- ----Ss. 12 & 27(b)---Transfer of Property Act (IV of 1882), S.3---Suit for specific performance of agreement to sell---Subsequent vendee claiming to be bona fide purchaser denied to have notice of agreement to sell between plaintiff and vendor---Plaintiff neither in plaint nor in evidence alleged that subsequent vendee had knowledge about sale of property---Held: Subsequent vendee had no obligation to take precautionary measures before entering into sale agreement---Subsequent vendee was bona fide purchaser for value without having notice about such agreement. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal has been filed against the judgment, dated 16th November, 2001 passed by Lahore High Court, Multan Bench, Multan whereby R.S.A. filed by petitioners has been dismissed. 2. Precisely stating the facts of the case are that on 21st March, 1964, respondents Nos.6 and 7 namely Capt. Agha Salar Ahmad Shah and Agha Abrar Ahmad Shah executed registered sale agreement with the petitioner in respect of land measuring 192 Kanals and 1 Marla before conformant of proprietary rights upon them, as they had obtained the property under Military Grant Scheme and subject to acquiring proprietary rights, property was to be transferred on the name of petitioner, consideration of which was fixed at the rate of Rs.50,000 out of which a sum of Rs.33,000 was…

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