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Petitioner: GHULAM HAIDER and others VS Respondent: ALLAH DITTA and others
Court Name: Supreme Court of Pakistan Judge(s): Fazal Karim, Ajmal Mian Title: GHULAM HAIDER and others vs ALLAH DITTA and others Case No.: Civil Petition for Leave to Appeal No, 1066/L of 1993 Date of Judgment:1995-01-08 Reported As: 1995 SCMR 1198 Result: Leave refused
JUDGMENT
JUDGMENT ' AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 27-6-1993 passed by a learned Single Judge of the Lahore High Court in R.S A. No,57 of 1984 filed by the petitioners against the concurrent judgments of the two Courts below decreeing respondents' suit for specific performance of a sale agreement in respect of the suit land, dismissing the same by affirming the above concurrent judgments. The petitioners, who claim to be subsequent bona fide purchasers without notice of the sale agreement specifically ordered to be enforced for consideration, have filed the present petition for leave to appeal. 2. In support of the above petition, Syed Sajjad Raza Jaffari, learned A.S.C. Appearing for the petitioners, have vehemently contended that the vendor, Mst. Aisha, never admitted the factum that the petitioners had the notice of the prior sale agreement in favour of the respondents. To reinforce the above submission, he has referred to the written statement wherein the correctness of the averments contained in the respondents' plaint of the suit have been denied. 3. The above contention is devoid of any force. Since the petitioners were claiming to be the subsequent bona fide purchasers without notice for valuable consideration, the burden of proof was on them, which they failed to discharge as per finding of the three Courts below. The above concurrent finding does not suffer from any infirmity as to warrant interference by this Court. Leave is refused.