Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,78,79,17(a),17(b)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,78,79,17(a),17(b)

Law: Registration Act, 1908

Section: 17

Law: Stamp Act, of 1899

Section: 35

(a) Transfer of Property Act (IV of 1882)-------S. 54---Qanun-e-Shahadat (10 of 1984), Art.17(a)(b)---Agreement of sale, attestation of---Scope---Documents referred to under Art.17(a) of Qanun-e-Shahadat, 1984 were instruments as defined under Negotiable Instruments Act, 1881, S.3 and would not apply to such agreement for being covered by Art.17(b) of Qanun-e-Shahadat, 1984. (b) Transfer of Property Act (IV of 1882)--- ----S. 54---Registration Act (XVI of 1908), Ss.17 & 18---Agreement of sale finding mention factum of payment of entire sale consideration---Objection that such agreement was required to be properly stamped and registered---Validity---Mere mention of such fact in agreement would not make same a sale deed. (c) Transfer of Property Act (IV of 1882)--- ----S. 54---Sale agreement---Evidentiary value---Such agreement could not confer a title on party. Muhammad Khan v. Mst. Rasul Bibi PLD 2003 SC 676 rel. S. Afsar Ali Abidi and Abdul Sattar Pingar for Appellants. Mrs. Haleema Khan for Respondent No.1. Nemo for Respondent No.2. Dates of hearing: 31st March, and 7th April, 2011. JUDGMENT IRFAN SAADAT KHAN, J.--- This High Court Appeal has been filed against the judgment and decree dated 26-1-2005 passed by the learned Single Judge in Suit No.1191 of 1998 decreeing the suit in favour of the respondent No.1 (Respondent) of the present appeal for specific performance, declaration and permanent injunction. 2. Briefly stated the facts of the case are that the appellant is a businessman and owns a number of plots/properties in Karachi. The respondent was a good friend of appellant and used to frequently visit his office. Under the orders of Defence Housing Authority (DHA) the office of appellant located at Sea View was closed and was shifted to some other place. It was claimed by the appellant that during the shifting of office he noted that a transfer order of Plot No.40, Khayaban-e-Alamgir, Phase-VIII, measuring 2000 sq. yards in DHA was missing. The appellant made efforts to locate the said order but of no avail. 3. It was averred that in the year 1986 a burglary took place at the office of appellant and not only cash but certain documents were also…

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