| Case ID |
04710a4f-4f41-4e05-bbb8-81245eeb3707 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No.484-D of 1995/BWP |
| Decision Date |
Feb 11, 1998 |
| Hearing Date |
Feb 11, 1998 |
| Decision |
The revision petition directed against the judgment and decree dated 22-10-1995, which affirmed the prior judgment of the Civil Judge, Bahawalnagar. The plaintiff Mst. Talia filed a suit claiming that the oral sale evidenced by Mutation No.460 dated 13-8-1981 was illegal, fictitious, and without consideration. The trial court ruled in favor of the plaintiff, confirming that the sale was void and that the defendants could not claim ownership of the land. The appellate court upheld this decision. The High Court, in its review, found no material irregularity or illegality in the findings of fact by the lower courts and dismissed the revision petition, emphasizing the necessity of written agreements for property transfer as stipulated in the Transfer of Property Act. |
| Summary |
This case revolves around the application of property law, specifically the Transfer of Property Act, concerning the validity of a mutation of land sale. The plaintiff, Mst. Talia, contested the legitimacy of a sale mutation claiming it was void, lacking proper consent, and without consideration. The courts examined the evidence presented, including witness testimonies that contradicted the defendants' claims of a legitimate sale. The case highlights critical aspects of property transfer laws, emphasizing the requirement for written agreements and the protections afforded to parties in property transactions. This case is significant for understanding the legal principles governing property rights, the importance of documentation in real estate transactions, and the role of the judiciary in upholding the law. Keywords: property law, Transfer of Property Act, legal principles, documentation, property rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHEIKH LUTFUR REHMAN, J
|
| Lawyers |
Raja Muhammad Sohail Iftikhar for Petitioners,
Nemo for Respondent
|
| Petitioners |
anothers,
MUHAMMAD YUSUF
|
| Respondents |
Mst. TALIA
|
| Citations |
1998 SLD 1364,
1998 CLC 1104
|
| Other Citations |
Qurban Ali v. Hoor Bux and 2 others 1991 CLC 248,
Mst. Gul Shahbah v. Civil Judge-III/Judge Family Court, Haripur and 2 others PLD 1992 Pesh.13,
Abdul Mannan and others v. Sikandar Khan 1992 CLC 505,
Messrs Saqib Brothers and another v. Messrs Ciba Geigy (Pakistan) Limited 1991 CLC 710,
Hikmat Khan v. Shamsur Rehman 1993 SCMR 428,
Hafiz Muhammad Yamin and another v. Qazi Ghulam Mustafa and another 1976 SCMR 379,
Niaz Mohyuddin and others v. Muhammad Yar and others 1994 CLC 1628,
Muhammad Shafi v. Abdul Ghani and another 1983 CLC 2345,
Karachi Catholic Cooperative Housing Society Ltd. v. Mirza Jawad Baig PLD 1994 Kar.194,
Syed Zulfiqar Ali Shah v. Member, Federal Land Commission, Federal Government, Rawalpindi and 4 others 1989 MLD 2484,
Ahmed Mujtaba Khan v. Iqbal Shah 1990 CLC 1381,
Major Amir Muhammad Khan v. Dr. Faqir Muhammad and others 1983 CLC 1173,
Abdul Hameed v. Ghulam Muhammad 1987 SCMR 1005,
Haji Muhammad Zaman v. Zafar Ali Khan and others PLD 1986 SC 88,
Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53,
Muhammad Anwar v. Haji Muhammad Ismail and others 1992 MLD 860
|
| Laws Involved |
Transfer of Property Act (IV of 1882),
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908)
|
| Sections |
53-A,
Art.2(1)(c),
115
|