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

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BAHAR SHAH VS MANZOOR AHMAD Ss. 41 & 54---Specific Relief act (I of 1877), S. 12---Suit for specific performance of an agreement to sell immoveable property---Subsequent vendee--- Bona fide purchaser--- Scope--- Whether subsequent vendee had no prior notice of earlier agreement to sell of the same property---Held, that in the present case the agreement to sell was executed against consideration between the respondent (vendee) and the vendor-lady, but the vendor-lady dubiously and distrustfully transferred the land in question in the name of her real brother/ appellant by means of an alleged oral sale and mutation entry---Though in the written statement, the vendor disavowed the execution of agreement with respondent but when she appeared in the witness box, she deposed divergently that her husband took her thumb impression on blank papers---Vendor did not explain as to what legal action was taken by her against her husband, who allegedly secured her thumb impression on blank papers by fraudulent and deceitful means---Whereas the respondent produced witnesses to testify the execution of agreement to sell who were fully firm and supported the version of the respondent in the aid of proving the execution of agreement to sell and payment of sale consideration---agreement to sell was executed between the vendor and the respondent on 4.9.2008 but after few days, i.e. on 19-9-2008 she transferred the land in question in favour of her brother/appellant, which was incredible as being real sister and brother the vendor acted ignorant or unacquainted of her earlier agreement to sell---according to the agreement with the respondent, the cutoff date for the payment of balance sale consideration and conveyance deed was to be registered on 20.10.2008 but before expiry of said cutoff date, the vendor transferred the land on 19.9.2008 in favour of her brother/appellant---Conduct of vendor and her brother/appellant demonstrated that mutation entry was a sequel of an attempt to deprive and exasperate the deal finalized with the respondent and hasty and abrupt transfer of property through mutation entry was effected to bring in an unconvincing plea of bona fide purchaser in anticipation of lawsuit of the respondent---Respondent proved his case of specific performance through trustworthy and reliable evidence whereas the appellant failed to establish his plea as a bona fide purchaser through any credible evidence---appellate Court had rightly decreed suit for specific performance filed by the respondent---appeal was dismissed.

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

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