| Citation(s) |
|---|
| 2015 SLG 2364 2015 SLD 2364 2015 CLC 1267 |
Lahore High Court
ICA No. 356 of 2003, decided on 30th March, 2015
IJAZ UL AHSAN AND SHUJAAT ALI KHAN, JJ
Ch. Ali Muhammad for Appellant. Muhammad Azeem Malik, Addl. Advocte-General for
Respondents
ICA No. 356 of 2003, decided on 30th March, 2015
IJAZ UL AHSAN AND SHUJAAT ALI KHAN, JJ
Ch. Ali Muhammad for Appellant. Muhammad Azeem Malik, Addl. Advocte-General for
Respondents
MUNICIPAL CORPORATION, FAISALABAD
VS
PROVINCE OF PUNJAB and others
Law:
Section:
Transfer of Property Act (IV of 1882)--- ----S. 54---Constitution of Pakistan, Art. 199---Law Reforms Ordinance (XII of 1972), S.3---Intra-court appeal---Transfer of property---Consideration amount, payment of---Proof---Grievance of Municipal Corporation was that authorities did not transfer land in question despite partial payment was made---Validity---For a valid transaction, payment of amount of consideration was one of the important ingredients in terms of S.54 of Transfer of Property Act, 1882, and in case the same was not paid, the transaction carried no weight in the eye of law---Neither anything was deposited by appellant towards part payment of consideration amount nor appellant was interested to continue with the sale---No step was taken towards completion of sale by appellant, thus Municipal Corporation (appellant) had no locus standi to file Constitutional petition before High Court---If there was a dispute regarding payment of partial amount by appellant, the same could not be decided by High Court in exercise of jurisdiction vested under Art.199 of the Constitution, rather for such purpose aggrieved party was to approach court of competent jurisdiction---Division Bench of High Court declined to interfere in passed by Single Judge of High Court---Intra-court appeal was dismissed in circumstances. Muhammad Yaqub and 13 others v. The Municipal Committee, Lyallpur PLD 1971 Lah. 664 and Mirza Sardar Muhammad and others v. Pakistan and others 1970 Law Notes 736 ref. Ghulam Mustafa through L.Rs. and others v. Muhammad Yahya and others 2013 SCMR 684; Anwar Sajid v. Abdul Rashid Khan and another 2011 SCMR 958 and SAEE by Legal Heirs and 2 others v. Mst. Sultan Bibi by Legal Heirs and 14 others 2003 SCMR 810 rel. JUDGMENT SHUJAAT ALI KHAN, J.---- Through the present Intra-Court Appeal the appellant has assailed judgment dated 11-6-2003, passed by the learned Single Judge in chambers whereby writ petition (bearing No.298 of 1984) filed by the appellant was dismissed. 2. Tersely, the facts, as gleaned out from the instant appeal, are that the Administrator Municipal Committee, Faisalabad later on named as Municipal Corporation, Faisalabad (hereinafter to be…
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