| Case ID |
d80a7f36-a122-4cf2-a2eb-23ce69629717 |
| Body |
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| Case Number |
Civil Revision Application No. S-08 of 2015 |
| Decision Date |
May 17, 2017 |
| Hearing Date |
Feb 13, 2017 |
| Decision |
The Sindh High Court dismissed the Civil Revision Application filed by the applicants against the judgment and decree of the Additional District Judge, Shadadkot, which had set aside the trial court's decree in favor of the applicants. The court found that the applicants failed to establish their ownership and bona fides regarding the sale agreement with the deceased vendor, Syed Ghulam Saqlain Shah. The court emphasized that the applicants could not claim specific performance of a contract based on a void agreement, as the vendor was not the legal owner of the property in question. The court reiterated that a sale agreement cannot be enforced if the transferor did not have the right to transfer the property. The judgment highlighted the necessity for the applicants to provide proper evidence of ownership and the validity of the KHATOONI document to substantiate their claims. |
| Summary |
In this landmark case, the Sindh High Court ruled on the validity of a sale agreement involving agricultural land. The applicants contended that they had entered into a sale agreement with the deceased vendor, Syed Ghulam Saqlain Shah, who had issued a KHATOONI document claiming ownership. However, the court found that the KHATOONI was not sufficient to establish ownership as it was not reflected in the official record. The court emphasized the importance of due diligence in verifying ownership before entering into agreements. The ruling underscored the legal principle that a person cannot transfer a better title than what they possess. This case serves as a critical reference for future disputes regarding land ownership and the enforcement of sale agreements in Pakistan. Keywords: land ownership, sale agreement, specific performance, legal title, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Saleem Jessar
|
| Lawyers |
Gulab Rai C. Jessrani for Applicants,
Rab Nawaz Soomro for Respondents Nos. 1, 2, 4 and 6 to 13,
Nemo for Respondents Nos. 3, 5 and 14 to 18
|
| Petitioners |
Nazeer Ahmed,
10 Others
|
| Respondents |
Others,
Ahmed Khan
|
| Citations |
2018 SLD 192,
2018 MLD 151
|
| Other Citations |
2017 SCMR 81,
PLD 2014 SC 794,
2010 CLC 407,
2008 SCMR 855
|
| Laws Involved |
Specific Relief Act, 1877,
Transfer of Property Act, 1882,
Qanun-e-Shahadat (10 of 1984),
Sindh Land Revenue Act, 1967
|
| Sections |
12,
21,
23,
41,
54,
88,
100,
129(g),
33
|