Law:

Section:

Transfer of Property Act, 1882 (IV of 1882)-- ----S. 118--Exchange--S. 118 of Transfer of Property Act, clearly conveys about transfer of ownership of one thing for ownership of another does not speak about transfer of possession. [P. 94] A Transfer of Property Act, 1882 (IV of 1882)-- ----S. 54--Sale is a transfer of ownership for price--In the instant case no evidence on the file--Land was transferred in lieu of some and it price could not be said that it was sale--Transaction in dispute was an exchange and it was not a sale--Appeal accepted. [Pp. 95 & 96] C & D Oral Evidence-- ----Oral evidence cannot exclude the documentary evidence. [P. 95] B PLD 1988 Lah. 419 & PLD 2000 Lah. 385, relied upon. 1997 SCMR 1892; 1977 SCMR 197; PLD 1992 Lah. 366; 1995 MLD 435, considered. Judgment Muhammad Reaz Akhter Chaudhry, C.J.--Through this appeal with leave of the Court appellant has sought the impeachment of judgment and decree of the High Court dated 23.5.2005, whereby the appeal filed by Respondent No. 1 was accepted by the learned single Judge of the High Court and the suit filed by him was decreed. 2. The precise facts giving rise to the instant appeal are that Respondents Nos. 2 to 12 exchanged their land measuring 4 kanals, 2 marlas, comprising Survey Nos. 24 and 27, situate in village Arja, Tehsil Dhirkot, Bagh, with plot of appellant measuring 7 marlas, bearing Survey No. 754, situate in village Ratta Amral, Tehsil and District Rawalpindi. Respondent No. 1 brought a suit for declaration stating therein that on 25.6.1999 the respondents (Defendant Nos. 2 to 12) through their attorney alienated the land measuring 4 kanals, 2 marlas, comprising Survey Nos. 24 and 27, situate in village Arja, Tehsil Dhirkot, in lieu of 2 lac rupees to appellant (Defendant No. 1) but in order to defeat the right of prior purchase, an exchange deed was drafted instead of execution of sale-deed. It was further averred by the respondent (plaintiff) that Defendant Nos. 2 to 12, vendors, and the appellant (real Defendant No. 1), have no relation with each other. The vendors belong to village Chamyati, while the appellant, vendee, is resident of Choor, therefore, the plaintiff…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492