| Case ID |
16c662ea-1343-4ac1-bc0a-e25193fade0d |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision Application No. S-25 of 2011 |
| Decision Date |
Jun 29, 2018 |
| Hearing Date |
Apr 27, 2018 |
| Decision |
The Sindh High Court allowed the revision application filed by the petitioners and set aside the judgment and decree passed by the Appellate Court. The decision emphasized the presumption of correctness attached to registered documents and highlighted the necessity of proving fraud or misrepresentation in cases involving registered sale deeds. The court reinstated the judgment of the Trial Court, underscoring the importance of including necessary parties in legal proceedings. The appellate court's findings were found to be based on conjecture and failed to comply with established legal principles, leading to a restoration of the Trial Court's ruling. |
| Summary |
This case revolves around the legal principles concerning the Transfer of Property Act, 1882, specifically regarding the validity of a registered sale deed and the burden of proof in allegations of fraud and misrepresentation. The case highlights the significance of procedural correctness in real estate transactions and the implications of failing to implead necessary parties in civil suits. The court's decision reinforces the sanctity of registered documents and the legal presumption of their correctness, requiring substantial evidence to challenge their validity. The ruling serves as a crucial reference for future cases involving property disputes, emphasizing the necessity for clear evidence when contesting registered documents. This case is pivotal for understanding property laws in Pakistan, particularly in the context of familial transactions and the legal requirements for proving claims of fraud. Legal practitioners and scholars should take note of the implications of this ruling on future property disputes and the importance of adhering to procedural requirements in civil litigation. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
AMJAD ALI SAHITO, JUSTICE
|
| Lawyers |
Syed Zamir Ali Shah,
|
| Petitioners |
ABDUL JABBAR AND 8 OTHERS
|
| Respondents |
GHULAM MUSTAFA AND 6 OTHERS
|
| Citations |
2019 SLD 833,
2019 CLC 704
|
| Other Citations |
Haji Hashmat Ali v. Manzoor Ahmed 2004 SCMR 1545,
Manzoor Ahmed and others v. Mehrban and others 2002 SCMR 1391,
Muhammad Ayub v. Lahore Development Authority and others 2000 MLD 1809,
Lahore Cantt. Cooperative Housing Society Ltd. v. Muhammad Anwar and others 2007 CLC 160,
Sardara v. Muhammad 1994 SCMR 2299,
Rasool Bukhsh and others v. Muhammad Ramzan 2007 SCMR 85
|
| Laws Involved |
Transfer of Property Act, 1882,
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
54,
O.I,
XLI,
R.10,
33,
79,
126
|