| Case ID |
2fc20331-2c6b-4161-9207-143084aa4435 |
| Body |
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| Case Number |
C.R. No. 828 of 2005 |
| Decision Date |
Nov 12, 2014 |
| Hearing Date |
Nov 12, 2014 |
| Decision |
The Lahore High Court found that the plaintiff failed to establish the essential elements required for a valid sale under the Transfer of Property Act. The court noted that the plaintiff did not provide specific details regarding the sale transaction, such as the date, time, location, or witnesses. As a result, the court concluded that the plaintiff could not claim the benefits of Section 51 of the Transfer of Property Act. The court further stated that the mutation was not a deed of title but merely indicative of previous transactions, and the plaintiff's failure to prove the original transaction led to the dismissal of the suit. The review petition was accepted, and the decrees passed by the lower courts were set aside. |
| Summary |
This landmark case from the Lahore High Court addresses crucial aspects of property law under the Transfer of Property Act, 1882, focusing on the validity of oral sales and the importance of proper documentation in property transactions. The court emphasized that the plaintiff's failure to present critical evidence, such as the exact date and conditions of the sale, rendered the claim invalid. This case highlights the necessity for clear and comprehensive pleadings and the burden of proof on the party asserting ownership. Given the complexities of property law, this case serves as a vital reference for future disputes involving oral agreements and property rights, particularly in the context of mutations and title deeds. Keywords such as 'property law', 'Transfer of Property Act', 'oral sale validity', and 'burden of proof' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE
|
| Lawyers |
Barrister Mian Belal Ahmed,
Rashid Mehmood Gill,
Mian Shaoor Ahmad,
Malik Noor Muhammad Awan
|
| Petitioners |
MST. RIFFAT SULTANA,
MST. SAIMA SIAL,
MRS. AKHTAR SHEIKH,
MST. NIGHAT SULTANA
|
| Respondents |
NADIR HAYAT
|
| Citations |
2016 SLD 2102,
2016 YLR 110
|
| Other Citations |
Inayat Ali Shah v. Anwar Hussain 1995 MLD 1714,
Pir Wali Khan v. Niaz Badshah 2013 MLD 1106,
Mir Laiq Khan v. Sarfraz Jehan 2013 MLD 1449,
Mst. Ghazala Yasmeen v. Sarfraz Khan Durrani 2013 CLC 1406,
Messrs Choudhary Brothers Ltd., Sialkot v. Jaranwala Central Co-operative Bank Ltd., Jaranwala 1968 SCMR 804,
Ahmad Ali v. Bashir Ahmed 2013 YLR 1870,
Muhammad Akram v. Altaf Ahmad PLD 2003 SC 688,
Fida Hussain v. Murid Sakina 2004 SCMR 1043,
Muhammad Munir v. Muhammad Saleem 2004 SCMR 1530,
Fida Hussain v. Abdul Aziz PLD 2005 SC 343,
Muhammad Afzal v. Matloob Hussain PLD 2006 SC 84,
Abdul Hameed v. Mst. Aisha Bibi 2007 SCMR 1808,
Syed Shabbir Hussain Shah and others v. Asghar Hussain Shah 2007 SCMR 1884,
Daulat Ali through legal heirs and 2 others v. Ahmad through legal heirs and 2 others PLD 2000 SC 792,
Muhammad Nafeez Khan v. Gulbat Khan and others 2012 SCMR 235,
Haji Abdul Ghafoor Khan through his L.Rs. v. Ghulam Sadiq through his L.Rs. PLD 2007 SC 433,
Ch. Hakim Ali v. Sultan Khan and 3 others 2001 MLD 563,
Muhammad Ashiq and 2 others v. Muhammad Aslam and another 2004 CLC 902,
Muhammad Amir v. Khan Bahadur and another PLD 1996 SC 267(b),
Atiq-ur-Rehman through (Real Father) and another v. Muhammad Amin PLD 2006 SC 309,
Abdul Aziz v. Sheikh Fateh Muhammad 2007 SCMR 336,
Moulvi Muhammad Azeem v. Alhaj Mehmood Khan Bangish and another 2010 SCMR 817,
Muhammad Rashid Ahmed v. Muhammad Siddique PLD 2002 SC 293,
Fayyaz Ali Khan and others v. Ashfaq Ali Khan and others 2004 YLR 2868,
Sardar Ali v. Abdul Hameed and others 2000 YLR 2851,
G.R. Syed v. Muhammad Afzal 2007 SCMR 433,
Zaitoon and others v. Muhammad Akram and others 2003 SCMR 1359
|
| Laws Involved |
Transfer of Property Act, 1882,
Qanun-e-Shahadat Order, 1984,
Civil Procedure Code, 1908
|
| Sections |
51,
54,
78,
115
|