| Case ID |
dfccfa7a-7b76-490d-a142-1c36a8efc2a7 |
| Body |
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| Case Number |
Regular Second Appeal No.825 of 1967 |
| Decision Date |
Oct 17, 1997 |
| Hearing Date |
|
| Decision |
The judgment and decree dated 31-7-1967 of the learned Additional District Judge, Sargodha, accepting the appeal of respondents Nos.4 and 5 and dismissing the suit of appellants, has been challenged in this regular second appeal. The court found that the appellants were entitled to a share in the estate of Adam Jee and that the findings of the learned Additional District Judge on the question of bona fide purchase were without any basis, contrary to law and suffered from perversity of reasoning. Consequently, the appeal was accepted, the judgment of the learned Additional District Judge was set aside, and the judgment and decree of the learned trial Court was restored. |
| Summary |
In this landmark case adjudicated by the Lahore High Court, the legal principles surrounding bona fide purchasers under Section 41 of the Transfer of Property Act were scrutinized. The case involved a dispute over land ownership, following the death of Adam Jee. The court emphasized that for a purchaser to claim protection under Section 41, they must demonstrate due diligence in investigating the title of the property they are purchasing. The court determined that the appellants had rightful claims to the estate of Adam Jee, as the previous transactions were marred by lack of proper inquiry into the title. The judgment reinforced the necessity for potential buyers to conduct thorough inquiries beyond mere reliance on Revenue Records, thereby establishing a precedent for future property transactions. In conclusion, the Lahore High Court's ruling not only resolved the immediate dispute but also clarified the legal obligations of purchasers in property transactions, making it a significant reference in property law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
NAJAM-UL-HASSAN KAZMI, J
|
| Lawyers |
Raja Hasham Sabir,
Malik Allah Yar Khan
|
| Petitioners |
MUHAMMAD NABI through Legal Heirs
|
| Respondents |
GHULAM YAHYA through Legal Heirs
|
| Citations |
1999 SLD 1053,
1999 CLC 1771
|
| Other Citations |
AIR 1930 All. 521,
AIR 1947 Born. 49,
PLD 1975 Lah. 619,
PLD 1977 Quetta 60,
PLD 1972 Pesh. 109
|
| Laws Involved |
Transfer of Property Act
|
| Sections |
41
|