Case Details

Citation(s)
2015 SLG 2090 2015 SLD 2090 2015 SCMR 1081
Supreme Court of Pakistan
Civil Appeal No. 794 of 2006, decided on 14th April, 2015. (On appeal against the judgment dated 2-6-2005 passed by the Lahore High Court, Lahore in Civil Revision No. 1340 of 1994)
AMIR HANI MUSLIM AND IJAZ AHMED CHAUDHRY, JJ
Abid Hassan Minto, Senior Advocate Supreme Court for Appellants. Syed Ali Zafar, Advocate Supreme Court for
Respondents (1(a), (b)). Malik Muhammad Qayyum, Senior Advocate Supreme Court for
Respondents (1(c), (d)). M.A. Ghaffar ul Haq, Advocate Supreme Co

Syed HUSSAIN NAQVI and others

VS

Mst. BEGUM ZAKARA CHATHA through LRs and others

Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S. 54---Agreement to sell immoveable property, authenticity of---Proof---Vendee had produced the agreement to sell and the registered power of attorney in her favour---Scribe of said documents candidly stated that he wrote the agreement to sell on the instructions of the vendor in favour of vendee, in presence of the former; that the amount (sale consideration) was paid in his presence ; that general power of attorney was also scribed by him and the witness had signed the same in his presence---Person who had attested the agreement to sell and general power of attorney admitted that said documents were attested by him and vendor had signed in his presence---Scribe of documents and person who had attested the same were cross-examined at length but nothing favourable to the vendor could be brought on record---Vendor denied the execution of said documents but he never got his signatures verified by any hand writing expert---On the other hand, the vendee had applied for comparison of vendor's signatures before the Trial Court, but they could not be verified because the attendance of vendor could not be procured---Facts of the case established that vendor had agreed to sell the land to vendee and agreed amount of consideration was paid, possession was delivered and change of possession took place---Appeal filed by vendor was dismissed accordingly. (b) Transfer of Property Act (IV of 1882)--- ----S. 54---Immoveable property---Bona fide purchaser---Scope---Purchaser admitting having knowledge of pending litigation with respect to immovable property---Where a purchaser was aware of pending litigation (based on an agreement to sell) with respect to immoveable property, he should restrain himself from entering into a subsequent agreement with the vendor---In the event that such purchaser did enter into a subsequent agreement for the immoveable property he could not be termed as bona fide purchaser. (c) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.19---Transfer of Property Act (IV of 1882), S. 54---Colony land---Contingent agreement to sell colony land---Applicability of S. 19 of Colonization of…
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