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Faqir Syed ANWAR UD DIN vs Syed RAZA HAIDER S — 2025 PLD 31 SUPREME-COURT

Case information

Citation
2025 PLD 31 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
Parties
Faqir Syed ANWAR UD DIN vs Syed RAZA HAIDER S
Subject matter
Civil
Provisions referred to
S. 27; Specific Relief 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

Faqir Syed ANWAR UD DIN VS Syed RAZA HAIDER S. 27(b)---Specific performance of contract---Relief against parties and persons claiming under them by subsequent title---In cases involving protection under section 27(b) of the Specific Relief Act 1877 ('Act of 1877') the subsequent vendee who asserts that he is a bona fide purchaser i.e. a transferee for value has to discharge the initial onus---Latter has to discharge the initial onus to the effect that; he had acquired the property for due consideration and thus is a transferee for value; he or she, as the case may be, has to show that the sale was for a price paid to the vendor and not otherwise; there was no dishonesty of purpose of tainted intention to enter into the transaction thereby meaning that the latter had acted in good faith or bonafidely and, lastly, that he/she had taken reasonable care to inquire i.e. had acted as a person of ordinary prudence in making inquiries expected of a purchaser who intends to acquire a good title for the value being paid for.

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