In a pre-emption case there is no scope to consider the title of either party. In order to deter­mine the title, the party concerned is required to file a suit for declaration of title. In case the pre-emptor claimed to acquire the property by way of registered deed of Heba-bil-Ewaz from the heirs of the seller, who obtained the suit property through auction in a Rent suit, unless and until the said Rent suit is declared in any Court to be void and illegal, a Court taking the case for pre-emption cannot ignore and deny the existence of Rent suit as well the title and status of the pre-emptor as claimed.....................(12) 

The Specific Relief Act, 1877 (Act No. I of 1877); section 27 (b)

A plaintiff may seek a decree for specific performance against a subsequent purchaser if he claims title, arising subsequently to the contract but he is not entitled to a decree against a transferee who is a bonafide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance against a person who has acquired right or interest in respect of the same property prior to the con­tract...............................(15)

Whoever claims or has taken a plea that he is a subsequent purchaser of the property without notice to the previous contract for sale, the onus lies upon him to prove such fact. Mere denial in the written statement that he has no notice of the previous contract will not defeat the decree for specific performance.............................(21)

The Anti-Corruption Commission Rules, 2007, Rule 10

Since rule 10 of the Rules, 2007 does not incorporate any consequence as such, for non-compliance of the same with regard to conclusion of investigation within the prescribed period of time cannot be treated as mandatory, rather it is directory. However, in such cases while accepting the police report, if filed beyond the prescribed period of time, the Court is to look into this aspect in order to be satisfied that there was no intentional laches on the part of the Investigating Officer in concluding the investigation within time as has been prescribed by the legislature.