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AHMED DIN (DECEASED) vs MUHAMMAD IQBAL (DECEASED) Ss — 2021 SCMR 1797 SUPREME-COURT

Case information

Citation
2021 SCMR 1797 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
AHMED DIN (DECEASED) vs MUHAMMAD IQBAL (DECEASED) Ss
Subject matter
Civil
Provisions referred to
S. 12---S

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

AHMED DIN (DECEASED) VS MUHAMMAD IQBAL (DECEASED) Ss. 41 & 54---Specific Relief act (I of 1877), S. 12---Suit for specific performance of an agreement to sell immoveable property---Subsequent purchaser---Bonda fide purchaser---Scope---Knowledge of agreement to sell---Question as to whether the subsequent purchaser had no knowledge of agreement to sell in favour of the appellant/plaintiff when admittedly the appellant was in possession of the suit properly at the time of purchase of the suit property by the subsequent purchaser---Held, that subsequent purchaser was required to probe into the matter with regard to possession of the appellant over the suit land and non-production of any evidence and independent witness would not absolve the subsequent purchaser from the onus to discharge that he was having no knowledge of prior agreement to sell in favour of the appellant when appellant was in possession of the suit land---Statement of subsequent purchaser that he had strained relations with his brother-in-law who admittedly appeared in a previous litigation in a suit filed by the original owner against the appellant was clear knowledge of agreement to sell in favour of the appellant---Furthermore subsequent purchaser opted not to produce the sale deed in his favour on the basis of which he was claiming the transfer of suit property in his favour---Subsequent purchaser failed to prove that he was having no knowledge of the agreement and he purchased the suit property in good faith; this clearly established that subsequent purchaser was not a bona fide purchaser--- appeal was allowed.

Other judgments reported in 2021 SCMR

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