| Case ID |
1023801e-cce4-4124-a3f8-0b2cd25e11ad |
| Body |
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| Case Number |
C.As. Nos. 206, 221 & 227 of 2008 |
| Decision Date |
May 03, 2014 |
| Hearing Date |
May 03, 2014 |
| Decision |
The appeals from Muhammad Bashir were accepted, granting him specific performance of the contract concerning the suit land. Muhammad Sarwar is directed to execute a sale-deed for the land within 30 days, failing which the court will execute it through the Nazir. The suit for redemption of mortgage filed by Muhammad Sarwar is dismissed, highlighting the enforceability of agreements to sell and the implications of non-registration under the Registration Act. |
| Summary |
In the case involving Muhammad Bashir and Muhammad Sarwar, the High Court addressed significant legal questions regarding the enforceability of contracts, specifically agreements to sell and the implications of non-registration. The court ruled that an agreement to sell does not require compulsory registration, as it does not create or extinguish rights in property. Furthermore, it was established that a mortgagor could validly enter into an agreement to sell the mortgaged property. This ruling is crucial for parties involved in real estate transactions, providing clarity on the limitations and requirements of property agreements in accordance with the Registration Act and Transfer of Property Act. The court emphasized the importance of delivering possession in gift deeds under Mohammadan Law, marking the decision as a pivotal reference for future property disputes. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
AZHAR SALEEM BABAR, J.
|
| Lawyers |
Mirza Zaidullah Khan,
Raja Khalid Mehmood
|
| Petitioners |
MUHAMMAD BASHIR
|
| Respondents |
others,
MUHAMMAD SARWAR
|
| Citations |
2016 SLD 1495,
2016 PLJ 145
|
| Other Citations |
2007 SCR 310,
1998 SCR 76,
1999 SCR 495,
1998 SCR 244
|
| Laws Involved |
Registration Act, 1908,
Transfer of Property Act, 1882,
Specific Relief Act, 1877,
Mohammadan Law
|
| Sections |
17,
12,
52
|