| Case ID |
f930589f-82b6-46f7-b485-1abc1a41c283 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.7-K of 1989 |
| Decision Date |
Mar 17, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming the decision of the lower court. The plaintiff was entitled to the conveyance of the property in question as the evidence showed that he had a prior interest in the property and had gone to court earlier. The court held that the doctrine of pendente lite recognized by the amended section 52 of the Transfer of Property Act, 1882 was not applicable in this case due to the circumstances surrounding the ownership and the injunction that had been granted. The court concluded that the sale made by the defendant during the pendency of the suit was invalid and that the plaintiff had the right to the property. |
| Summary |
In the case of Civil Appeal No.7-K of 1989, the Supreme Court of Pakistan examined the applicability of the doctrine of pendente lite under section 52 of the Transfer of Property Act, 1882. The case arose from a dispute over House No.652-A, Block-1, North Nazimabad, Karachi, where the ownership and transfer of property were contested amidst ongoing litigation. The plaintiff, Muhammad Noor Alam, had a prior agreement to purchase the house but learned that the property had already been sold to Zair Hussain, resulting in a legal challenge. The court's ruling emphasized the importance of adhering to legal procedures during pending litigation, particularly concerning the notification of property transactions. The decision reinforced the principle that property cannot be transferred in a manner that affects the rights of parties involved in ongoing suits. This case highlights key legal principles surrounding property rights and the implications of non-compliance with statutory requirements. The judgment provides clarity on the enforcement of equitable relief concerning property transactions and the necessity for proper notice in accordance with the amended laws. Keywords such as 'property law', 'transfer of property', 'court decisions on property rights', and 'legal principles in property disputes' are relevant for search engine optimization. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Habib Bank Limited
|
| Judges |
SHAFIUR RAHMAN,
ABDUL SHAKURUL SALAM,
SALEEM AKHTAR
|
| Lawyers |
|
| Petitioners |
MUHAMMAD NOOR ALAM
|
| Respondents |
ZAIR HUSSAIN,
Ghulam Sibtain Naqvi
|
| Citations |
1993 SLD 756,
1993 SCMR 1646
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act, 1882,
Civil Procedure Code (V of 1908),
Constitution of Pakistan, 1973
|
| Sections |
52,
OXXII, R.10,
185(3)
|