GULZAR AHMAD vs AMMAD ASLAM S — 2022 SCMR 1433 SUPREME-COURT

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GULZAR AHMAD VS AMMAD ASLAM S. 12---Specific performance of an agreement to sell, relief of---Scope---Such relief is discretionary but the discretion cannot be exercised arbitrarily or unreasonably. Head NotesCase Description Citation Name: 2022 SCMR 1433 SUPREME-COURTBookmark this Case GULZAR AHMAD VS AMMAD ASLAM S. 27(b)--- Specific performance, relief of--- Scope--- Subsequent vendee claiming to be a bona fide purchaser without notice---Burden of proof---Most important ingredient of section 27(b) of the Specific Relief Act, 1877 is the lack of knowledge or the notice of the subsequent vendee about the original contract---Initial onus is on the subsequent vendee and once it is discharged, then burden will shift on the plaintiff to prove that the subsequent vendee had the notice of his sale agreement; the subsequent transaction is without passing of the due consideration; it is a colourable or a fraudulent transaction with dishonesty by the vendor and the subsequent vendee in order to cause prejudice to his rights under the sale agreement. Head NotesCase Description Citation Name: 2022 SCMR 1433 SUPREME-COURTBookmark this Case GULZAR AHMAD VS AMMAD ASLAM S. 27(b)--- Specific performance, relief of--- Scope---Subsequent vendee claiming to be a bona fide purchaser without notice---Specific performance of a contract may be enforced against any person claiming title subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract---Mere denial by the subsequent vendee that he had no knowledge of the prior agreement would not be enough to discharge his burden of proof---Subsequent vendee also has to prove that he acted in good faith and after due diligence entered into an agreement to sell---Subsequent vendee avowing bona fide intention cannot be absolved from making some cursory investigation to the title of the vendor which may include but is not limited to inviting public objections through public notices in order to articulate that there was no deception or foul intention to enter into in the transaction and he acted in good faith or with bona fide intention without knowledge or notice of earlier sale agreement at the time of his transaction. Head NotesCase Description Citation Name: 2022 SCMR 1433 SUPREME-COURTBookmark this Case GULZAR AHMAD VS AMMAD ASLAM S. 74--- Penalty clauses--- Purpose of penalty clauses stated. Head NotesCase Description Citation Name: 2022 SCMR 1433 SUPREME-COURTBookmark this Case GULZAR AHMAD VS AMMAD ASLAM S. 100---Second appeal---Scope---Second appeal does not lie to question the findings on facts---If the finding of fact reached by the first appellate court is at variance with that of Trial Court, such a finding by the lower appellate court will be immune from interference in second appeal only if it is found to be substantiated by evidence on the record and is supported by logical reasoning, duly taking note of the reasons adduced by the first court which have been disfavored in the contrary finding---Interference would be justified if the decision of the lower courts is found to be contrary to law or some usage having the force of law has failed to determine some material issue of law. Head NotesCase Description Citation Name: 2022 SCMR 1433 SUPREME-COURTBookmark this Case GULZAR AHMAD VS AMMAD ASLAM S. 20---Liquidation of damages not a bar to specific performance---Scope---Party to a contract for the sale of immovable property should not be allowed to evade specific performance merely because the agreement provides the penalty to be paid on default. Head NotesCase Description

GULZAR AHMAD vs AMMAD ASLAM S — 2022 SCMR 1433 SUPREME-COURT

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