| Case ID |
ea459fc5-7f89-49c7-ae0b-1a3f830d4692 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 1066/L of 1 |
| Decision Date |
Jan 08, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused to grant leave to appeal in the case concerning the specific performance of a sale agreement. The petitioners, claiming to be bona fide purchasers without notice of the previous agreement, failed to establish their claim. The court upheld the concurrent findings of the lower courts, which had decreed the respondents' suit for specific performance. The burden of proof rested on the petitioners, which they did not adequately discharge, leading to the conclusion that the lower courts' decisions were sound and did not warrant interference. |
| Summary |
This case revolves around the Specific Relief Act of 1877 and the Constitution of Pakistan, focusing on the enforcement of a sale agreement. The petitioners claimed to be subsequent bona fide purchasers without notice of the earlier agreement. However, the burden of proof was on them to establish their status, which they failed to do. The courts below had decreed the respondents' suit for specific performance, affirming the legitimacy of the original agreement. The Supreme Court found no infirmity in the lower court's findings, leading to the refusal of leave to appeal. This case highlights the importance of notice in property transactions and the necessity for buyers to investigate prior claims on property. Keywords: Specific Relief Act, bona fide purchasers, sale agreement, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
FAZAL KARIM
|
| Lawyers |
Syed Sajjad Raza Jaffari, Advocate Supreme Court,
Abul Aasim Jaffri, Advocate on Record for Petitioners,
Sh. Anwarul Haq, Advocate Supreme Court,
Ch. Muhammad Aslam, Advocate on Record for Respondents
|
| Petitioners |
GHULAM HAIDER and others
|
| Respondents |
ALLAH DITTA and others
|
| Citations |
1995 SLD 318,
1995 SCMR 1198
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Constitution of Pakistan, 1973
|
| Sections |
12,
185(3)
|