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INAYATULLAH KHAN vs SHABIR AHMAD KHAN S — 2021 SCMR 686 SUPREME-COURT

Case information

Citation
2021 SCMR 686 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
INAYATULLAH KHAN vs SHABIR AHMAD KHAN S
Subject matter
Civil
Provisions referred to
S. 27; Specific Relief Act

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

INAYATULLAH KHAN VS SHABIR AHMAD KHAN S. 27(b)---Parties against whom decree for specific performance may not be issued---Scope---Decree for specific performance may not be issued in respect of transferees for value who paid the sellers in good faith and without notice of a pre-existing contract as per S. 27(b) of the Specific Relief Act, 1877---In the present case, the transferee had purchased the land from the ostensible owners thereof, and did not know that they, or either one of them, had entered into a contract with the plaintiff for the sale of the subject land to him---Incidentally, the transferee had purchased other lands too, which was an additional factor showing their bona fide---Revenue record also did not disclose any interest of the plaintiff in the said land nor disclosed that the ostensible owners (sellers) had any restriction placed on them to sell their land---Transferees had purchased the property for valuable consideration, in good faith and having acted honestly and without knowledge of the purported contract between the ostensible owners (sellers) and the plaintiff could not be deprived of the said land---Petition for leave to appeal was converted into appeal and allowed and suit for specific performance filed by plaintiff was dismissed.

Other judgments reported in 2021 SCMR

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