PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

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

Case information

Citation
2022 SCMR 284 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
BAHAR SHAH vs MANZOOR AHMAD Ss
Subject matter
Civil
Provisions referred to
S. 27

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

BAHAR SHAH VS MANZOOR AHMAD Ss. 41 & 54---Specific Relief act (I of 1877), S. 27(b)---agreement to sell immoveable property--- Subsequent vendee--- Bona fide purchaser---Scope and burden of proof---Whether subsequent vendee had no prior notice of earlier agreement to sell of the same property---Held, that plea of bona fide purchaser should be established by a fair preponderance of the evidence---Fact of notice may be inferred from the circumstances as well as proved by direct evidence---Conscious and purposive circumvention of an enquiry and due diligence which a buyer ought to have made would always communicate a presumption of definite notice---Honest buyer should at least make some inquiries with the persons having knowledge of the property and also with the neighbors---Burden of proof of good faith was on the subsequent buyer, who moved forward a plea that he was an innocent/bona fide purchaser---If the subsequent buyer failed to take routine cautionary and preventive measure, which an ordinary purchaser would have to take, then his conduct could not be considered bona fide or him having acted with fairness and uprightness---Whether in a particular case a person acted with honesty or not would obviously depend on the facts of each case---Good faith entailed righteous and rational approach with good sense of right and wrong which excluded the element of deceitfulness, lack of fair-mindedness and uprightness and or wilful negligence.

Other judgments reported in 2022 SCMR

Back to the case-law library · Search Pakistani case law in Urdu or English