BAHAR SHAH vs MANZOOR AHMAD Ss — 2022 SCMR 284 SUPREME-COURT

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BAHAR SHAH VS MANZOOR AHMAD Ss. 41 & 54---agreement to sell immoveable property---Subsequent vendee---Bona fide purchaser without notice---Requirement of subsequent vendee having acted in 'good faith'---Condition of subsequent vendee having acted in good faith shall stand settled if the subsequent vendee had acted as a man of ordinary prudence in making inquiries expected from a purchaser, who wanted to acquire a good title for the price/value he was paying; this may include the checking of the Revenue Record or obtaining copies thereof to verify about the title of the vendor or any third party in right, interest or charge over the property or any endorsement in such record about any pending litigation or an injunctive order etc; this may be a good and adequate exercise of investigative process, in case of rural/agriculture property---For the same purpose, regarding urban property, the Excise and Taxation record may be examined coupled with the verification and obtaining the original documents of title from the vendor, if those were available---However, the subsequent vendee was not obliged to run from the pillar to post in conducting, rowing and fishing inquiries, to ascertain if a third party had any interest etc. in the property which otherwise was visibly lacking---If there existed some overt, prominent and conspicuous indicators about the third party interest, which were so patently noticeable and manifest that those could not and should not be missed and ignored by a purchaser, such as the possession not with the vendor but someone else, who if approached or its nature investigated would lead to discover such interest, the purchaser was obliged to probe about it, otherwise he may not be able to take resort of the equitable rule of bona fide purchaser without notice.

BAHAR SHAH vs MANZOOR AHMAD Ss — 2022 SCMR 284 SUPREME-COURT

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