Law:

Section:

Registration Act (XVI of 1908)-------S. 17---Civil Procedure Code (V of 1908), O.XXIII, R.3---Specific Relief Act (I of 1877), S.42---Gift---Suit for declaration---Unregistered gift-deed---Under S.17 of the Registration Act, 1908 no right, title or interest in immovable property of the value of more than one hundred rupees could be created without registered document---Despite compromise between the parties, court could not grant declaration in respect of unregistered gift-deed in violation of statutory provision---Court was bound to apply correct law---Constitutional petition was dismissed. Syeda Tahira Begum and another v. Syed Akram Ali and another 2003 SCMR 29; Messrs Country Products Export Ltd. v. Messrs Bawany Sugar Mills Ltd. PLD 1968 Kar. 115; Shaukat Habib and 5 others v. Raja Muhammad Bashir and another 2004 YLR 1775 and Abdul Sattar Dadabhoy and another v. The Honorary Secretary, Pakistan Employees Cooperative Housing Society, Karachi and another PLD 1998 Kar. 291 ref. Allah Diwaya v. Ghulam Fatima, represented by Ahmad Sher and others PLD 2008 SC 73; Muhammad Ejaz and 2 others v. Mst. Khalida Awan and another 2010 SCMR 342; Messrs Rahman Cotton Factory v. Messrs Nichimen Co. Ltd. (Formerly Messrs Japan Cotton and General Trading Co. Ltd.) Karachi PLD 1976 SC 781; Haji Abdullah Khan and others v. Nisar Muhammad Khan and others PLD 1965 SC 690 and Land Acquisition Officer and Assistant Commissioner, Hyderabad v. Gul Muhammad through Legal Heirs PLD 2005 SC 311 rel. Naveed Ali for Petitioner. Shafiq Ahmed for Respondent No.1. Nemo for Respondents Nos.2 and 3. Date of hearing: 14th April, 2014. JUDGMENT ABDUL MAALIK GADDI, J.--- Through this Constitutional Petition, the petitioner is aggrieved by the order dated 27-9-2011 passed by the learned Vth-Additional District and Sessions Judge, Karachi East in Civil Revision Application No.97 of 2011 whereby the orders dated 31-5-2011 and 3-8-2011 respectively passed by the learned IX-Senior Civil Judge, Karachi East in Civil Suit No.565 of 2011 filed by the petitioner were maintained. 2. Relevant facts for the disposal of this Petition as alleged by the petitioner are that the petitioner is owner of…

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