MUHAMMAD ABDULLAH and others vs MUMTAZ BEGUM and 5 others
This matter arises from a petition for leave to appeal filed by the plaintiffs against the acceptance of a civil revision by the High Court in a suit for specific performance. The Supreme Court of Pakistan examined whether the High Court was justified in interfering with concurrent findings of fact rendered by the two lower courts in favour of the petitioners. The Court also considered the applicability and effect of established judicial precedents regarding specific performance, as well as the provisions of section 27(h) of the Specific Relief Act in conjunction with Islamic law principles requiring vendors to disclose defects in title or property to subsequent vendees, and how such principles impact the plea of bona fides and lack of notice raised by second vendees. The Court granted leave to appeal to examine these questions in detail, directing the preparation of the appeal on the existing record with security fixed at Rs. 5,000.
- Whether the case was fit for interference in the exercise of revisional jurisdiction of the High Court when the two courts below had rendered findings in favour of the petitioners?
- Whether it was necessary for the courts below to apply principles of Islamic Law requiring vendors to disclose defects in title or property to the second vendees under section 27(h) of the Specific Relief Act?
- What is the effect of the disclosure principle on the plea of the second vendees regarding their bona fides and lack of notice?
- Section 27(h), Specific Relief Act 1877
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs side in a suit for specific performance; against the acceptance by the High Court, of respondents/defendants Civil Revision.
2. After hearing both the learned counsel we consider it a fit case for examination of the following questions:-
(a) Whether the case was fit for interference in the exercise of revisional jurisdiction of the High Court; particularly when the learned two Courts below had rendered findings in favour of the petitioners.
(b) What is the effect on this case of Mst. Khair-ul-Nisa and 6 others v. Malik Muhammad Ishaque and 2 others (PLD 1972 SC 25) cited by the learned counsel for the respondent/caveator and Ghulam Nabi and others v. Seth Muhammad Yaqub and others (PLD 1983 SC 344) cited by the learned counsel for the petitioners.
(c) Keeping in view the provisions of section 27 (h) Specific Relief Act whether it was not necessary for the learned Courts below in this case of specific performance to apply the principles of Islamic Law which required that the vendors/respondents should disclose any defect in title or property to the vendees (in this case the second vendees/ respondents) at the time of the second sale.
(d) If the said principle is held applicable what will he its effect on the plea of the respondents/second vendees regarding their bona fides and lack of notice.
(e) And all other related questions. Leave to appeal accordingly is granted. Security Rs,5,000.
3. ' The appeal shall he prepared on the present record with direction to file all essential documents.