Case Details

Citation(s)
2017 SLG 470 2017 SLD 470 2017 SCMR 367
Supreme Court of Pakistan
Civil Appeal No. 727-L of 2009, decided on 24th August, 2016, Date of hearing: 24th August, 2016.
MIAN SAQIB NISAR, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE
Khalid Ikram Khatana, Advocate Supreme Court for Appellants. Sh. Naveed Shehryar, Advocate Supreme Court and Ms. Najma Parveen, Advocate Supreme Court for
Respondent No.1.

MUHAMMAD IQBAL AND OTHERS --AppellantS

VS

MST. BASEERAT AND OTHERS --RespondentS

Law:

Section:

Transfer of Property Act (IV of 1882)--- ----S. 54---Registration Act (XVI of 1908), Ss.17 & 49---Immoveable property---Unregistered agreement to sell---Such an agreement would not confer any title upon the vendee in the immovable property. THIS ORDER PASSED BY: MIAN SAQIB NISAR, JUSTICE:---.--- The appellants filed a suit challenging the registered sale deed in favour of the respondents qua the property in question which has been decreed by the learned Trial Court and the appeal filed by the respondents has been dismissed. However, the learned High Court has interfered in the revisional jurisdiction and by setting aside the impugned judgments before it, has dismissed the suit. 2. Learned counsel for the appellants contends that such concurrent findings could not be interfered with as the reasons assigned therein were founded upon proper appreciation of evidence. 3. We have heard the learned counsel for the appellants and find that it is not a case pertaining to appreciation of evidence, rather about the correct application of law. The appellants claim that the property in issue was originally transferred in favour of one Barkat Ali by the Settlement Department who had entered into an agreement to sell with their grandfather, namely, Allah Rakha who made a will in their favour by virtue whereof they have acquired the ownership in order to adjudicate if a valid sale had taken place in favour of Allah Rakha by Barkat…
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