Law: Specific Relief Act, 1877

Section: 39,42

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

Section: 103

Law: Transfer of Property Act, 1882

Section: 41

Specific Relief Act (I of 1877)--- ----Ss.42 & 39---Transfer of Property Act (IV of 1882), S. 41---Qanun-e-Shahadat (10 of 1984), Art. 103---Suit for declaration, cancellation of exchange deed and partition---Equitable doctrine---Applicability---Scope---Contention of plaintiffs was that they were co-sharers of suit property and exchange deed in favour of defendants was against the law and facts---Suit was decreed by the Trial Court---Validity---Suit property was in the ownership of father of plaintiffs---Documentary evidence would prevail over oral evidence---Plaintiffs being co-sharers were entitled to have their shares as soon as succession opened---Every co-sharer would be deemed to be in possession on every inch of suit land till the partition took place---Equitable doctrine contained in S. 41 of Transfer of Property Act, 1882 would protect a subsequent transfer if it was established that transferee had acted in good faith and taken reasonable care before entering into the transaction and consideration for such transfer was paid---Equitable doctrine must be pleaded clearly with specific fact to be relied upon---Onus to prove equitable doctrine would be upon the person who pleaded such protection---Defendants, in the present case, had never pleaded that they were bonafide purchasers through exchange without notice of right of shares of plaintiffs---Defendants having not checked /enquired with regard to shares of plaintiffs, had not taken reasonable care with regard to ownership of plaintiffs on the suit land---Impugned exchange deed and subsequent transfer of suit land was illegal and void---Appeal was dismissed in circumstances. PLD 1990 SC 1; PLD 2002 SC 823; 1991 SCMR 1369; Allah Bakhsh and others v. Province of Punjab and others, 2002 SCMR 2003 and Ghulam Rasool and others v. Noor Muhammad and others 2017 SCMR 81 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD EJAZ SWATI, JUSTICE:---.--- An evacuee plot bearing Khasra No. 2378, measuring 1702 sq.ft. at Masjid Road, Quetta was allotted in favour of Abdul Karim (late) by the Deputy Custodian of Evacuee Property, Quetta vide his allotment order dated 20th June 1953 (the property in dispute), whereon a…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492