Case ID |
1a1114e5-f93d-4505-84af-b74a8994ca46 |
Body |
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Case Number |
IInd Civil Appeal No.15 of 2005 |
Decision Date |
Jan 28, 2008 |
Hearing Date |
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Decision |
The Sindh High Court dismissed the second appeal filed by the appellant, affirming the concurrent findings of the lower courts. The court ruled that the concurrent findings could not be interfered with under Section 100 of the Civil Procedure Code unless there was a misreading of evidence or a material piece of evidence was ignored. The appellant's claim of being a bona fide purchaser was not upheld, as the court found he had knowledge of the existing agreements and failed to prove that he took reasonable care to ascertain the title of the property. The judgment emphasized the strict interpretation of powers of attorney and the requirements for a valid sale agreement, ultimately leading to the conclusion that the appellant was not entitled to the protections under the Transfer of Property Act due to the lack of a registered sale deed. |
Summary |
The case revolves around the disputes concerning a plot of land in Karachi, with the core issue being the validity of property transactions and the rights of bona fide purchasers. The appellant, Muhammad Zubair, claimed to have purchased the property without knowledge of prior agreements, while the respondent, Mansoor Ali, argued that the sale was invalid due to existing agreements. The Sindh High Court upheld the lower courts' decisions, emphasizing the importance of due diligence in property transactions and the strict interpretation of powers of attorney. The ruling clarified that the concurrent findings of fact by lower courts should not be disturbed unless there is clear evidence of misreading or ignoring material evidence. The decision underscores the legal principles of property law, including the Transfer of Property Act and the Civil Procedure Code, making it a significant case for understanding property rights and the implications of power of attorney in real estate transactions. |
Court |
Sindh High Court
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Entities Involved |
Not available
|
Judges |
MRS. QAISER IQBAL, J
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Lawyers |
Syed Ansar Hussain for Appellant,
Abdul Muqtadir Khan for Respondent No.1,
Arif Khan for Respondents Nos.2 to 5
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Petitioners |
MUHAMMAD ZUBAIR
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Respondents |
MANSOOR ALI through Attorney and 6 others
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Citations |
2008 SLD 813,
2008 CLC 921
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Other Citations |
PLD 1975 Lah. 619,
1976 SCMR 489,
1992 CLC 1809,
1996 CLC 1027,
1984 CLC 2248,
1999 MLD 2117,
PLD 1981 SC (AJ&K) 79,
2001 CLC 252,
Haji Sultan Ahmed through Legal heirs v. Naeem Raza and 6 others 1996 SCMR 1729,
Fazal Rahman v. Amir Haider and others 1986 SCMR 1814,
Muhammad Yakoob v. Muhammad Ishaque 1980 CLC 2057,
Muhammad Khan v. Mst. Rasul Bibi PLD 2003 SC 676
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Laws Involved |
Karachi Development Authority Order, (5 of 1957),
Civil Procedure Code (V of 1908),
Transfer of Property Act, 1882,
Specific Relief Act (I of 1877),
Contract Act (IX of 1872)
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Sections |
131,
100,
41,
54,
27(b),
42,
202
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