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NASIR HUSSAIN vs Mst — 2024 CLC 2134 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 2134 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
NASIR HUSSAIN vs Mst
Subject matter
Civil
Provisions referred to
S. 41; S. 27; Property Act (IV of 1882); Civil Procedure Code (V of 1908); Specific Relief Act; Property 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

NASIR HUSSAIN VS Mst. SHAHNAWAZ BEGUM Ss. 12 & 27---Transfer of Property Act (IV of 1882), S.41 ---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for specific performance of agreement to sell---Rejection of plaint---Principle---Subsequent buyer, rights of---Principle of part performance---Bona fide purchaser for valuable consideration---Appellant / plaintiff was aggrieved of rejection of his plaint for absence of cause of action---Validity---In rejecting plaint while considering application under O.VII, R.11, C.P.C., all that matters is the contents of plaint---New facts disclosed in the plaint constituted novation of earlier agreement and had given fresh cause---Appellant / plaintiff had to establish such novation as burden was on him and that called for a trial and not summary rejection of plaint---Vendor of appellant / plaintiff had entered into a transaction with subsequent buyer, who was a proper and necessary party---Subsequent purchaser could plead his case before Trial Court, if he was a bona fide purchaser in terms of S. 27 of Specific Relief Act, 1877 and S. 41 of Transfer of Property Act, 1882, and could participate in trial of suit filed by appellant / plaintiff---Intra Court Appeal was allowed accordingly.

Other judgments reported in 2024 CLC

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