Second Appeal provided under Section 100 of C.P.C, can be set into motion only when the decision is contrary to law; failure to determine some material issue of law, and substantial error or defect in the procedure provided by the Code or law.

 The presupposition of know-how or prior notice of earlier agreement of the same property stem from calculated abstention from an enquiry by the alleged bona fide purchaser. A conscious and purposive circumvention of an enquiry and due diligence which a buyer ought to have made would always communicate a presumption of definite notice. An honest buyer should at least make some inquiries with the persons having knowledge of the property and also with the neighbors. Section 27 (b) of the Specific Relief Act shields and safeguards the bona fide purchaser in good faith for value without notice which is in fact an exception to the general rule. The burden of proof of good faith is on the subsequent buyer.

Second Appeal provided under Section 100 of C.P.C, can be set into motion only when the decision is contrary to law; failure to determine some material issue of law, and substantial error or defect in the procedure provided by the Code or law. In case of inconsistency between the Trial Court and the Appellate Court, the findings of the latter must be given preference in the absence of any cogent reason to the contrary.

Suit for specific performance/Agreement to sell
C.A.389/2015
Bahar Shah & another v. Manzoor Ahmed
Mr. Justice Muhammad Ali Mazhar
14-10-2021