ABDUL SHAKOOR (deceased) vs MUHAMMAD HANIF (deceased) Ss — 2025 SCMR 770 SUPREME-COURT

Case information

Citation: 2025 SCMR 770 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: ABDUL SHAKOOR (deceased) vs MUHAMMAD HANIF (deceased) Ss
Subject matter: Civil
Provisions referred to: S. 52---S; Property Act (IV of 1882)

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

ABDUL SHAKOOR (deceased) VS MUHAMMAD HANIF (deceased) Ss.39, 42 & 54---Transfer of Property Act (IV of 1882),S. 52---Suit for cancellation of document, declaration and injunction---Lis pendens, doctrine of---Applicability---Respondents/plaintiffs filed a suit seeking cancellation of sale deed made in favour of defendant and Trial Court cancelled the same---During the pendency of trial, petitioner/subsequent purchaser, purchased disputed property from defendant---High Court in exercise of revisional jurisdiction maintained the judgment passed in favour of respondents / plaintiffs---Validity---In the second round of litigation an issue was specifically framed as to whether defendant was a bona fide purchaser without notice of the agreement---Such issue was contested, and decided against defendant, which finding was upheld by Lower Appellate Court---Once the issue was decided it had shut the door to the claimed interest (i.e., title) of petitioner/subsequent purchaser---To accept petitioner/subsequent purchaser as an assignee of an interest on the basis of sale to him would in effect recognize the creation of assignments in what could be (effectively) an endless chain, with each link being a attenuated claim than the one before it---Finding that defendant was not a bona fide purchaser without notice, had set up an insuperable barrier which petitioner/subsequent purchaser could not surmount---Supreme Court declined to interfere in judgment and decree passed by High Court---Petition for leave to appeal was dismissed and leave to appeal was refused.

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