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MUHAMMAD YOUSAF vs ALLAH DITTA S — 2021 SCMR 1241 SUPREME-COURT

Case information

Citation
2021 SCMR 1241 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD YOUSAF vs ALLAH DITTA S
Subject matter
Civil
Provisions referred to
S. 41---S; S. 27; S. 41

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD YOUSAF VS ALLAH DITTA S. 41---Specific Relief act (I of 1877), S. 27(b)---Bona fide purchaser for valuable consideration without notice---Scope---agreement to sell immoveable property---Vendee failing to pay balance consideration within stipulated time---Vendor selling property to third party/petitioner---Whether petitioner entitled to protection under S. 41 of the Transfer of Property act, 1882 and S. 27(b) of the Specific Relief act, 1877---Held, that the sale was recorded by the Patwari and the transaction between the seller and petitioner stood finalized before the suit for specific performance was filed by the vendee --- Fact that the sale was subsequently sanctioned, when neither party thereto had repudiated the sale, would be of little significance as it was an administrative act of the revenue authorities, and one over which the petitioner and seller had no control---Petitioner had demonstrated that the transaction stood completed and the entire sale consideration had been paid before the suit was filed and he had also received possession of the land, therefore, he was entitled to the protection accorded to him by S. 41 of the Transfer of Property act, 1882 and S. 27(b) of the Specific Relief act, 1877---Petition for leave to appeal was converted into appeal and allowed, and suit filed by vendee was dismissed.

Other judgments reported in 2021 SCMR

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