Law: Specific Relief Act, 1877

Section: 12

Law: Transfer of Property Act, 1882

Section: 54

Law: Provident Funds Act, 1925

Section: 5

Law: Cooperative Societies Act, 1925

Section: 27

(a) Specific Relief Act (I of 1877)--- ----S. 12---Co-operative Societies Act (VII of 1925), S. 27--- Transfer of title--- Nominee--- Entitlement---Limitation---Plaintiffs were legal heirs of deceased owner of suit property whereas defendants were legal heirs of the holder of power of attorney which was executed by nominee of the deceased owner---Suit filed by plaintiffs was decreed in their favour by single Judge of High Court---Plea raised by defendants was that their predecessor-in-interest had sale agreement in their favour supported by power-of-attorney--- Validity---Predecessor-in-interest of defendants did not file suit for specific performance of agreement to sell during life time of deceased owner of suit property---Record was also silent as to why predecessor-in-interest of defendants remained quite during his lifetime and defendants after his death remained quite regarding enforcement to alleged agreement to sell till filing of suit by plaintiffs---Alleged agreement to sell on the basis of which defendants asserted their rights in suit property had no value in the eye of law---Question of limitation, waiver, estoppel or acquiescence on the part of plaintiffs for not challenging alleged sale agreement did not arise at all---Nobody would become owner of property by entering into sale agreement as mere contract of sale by itself did not create any interest or charge on such property---Status of nominee was merely of a trustee of the owner of property and after demised of original owner, nominee had not become owner of the property and the same devolved upon legal heirs of the original owner---Division Bench of High Court declined to interfere in the and decree passed by Single Judge of High Court, as there was no perversity, illegality and incorrectness in the same and all facts and documents involved were appreciated---High Court appeal was dismissed in circumstances. Syed Hakeem Shah through L.Rs. and others v. Muhamad Idrees and others 2017 SCMR 316; Rehmat Ali Ismailia v. Khalid Mehmood 2004 SCMR 361; Haji Rehmadil v. The Province of Balochistan and another 1999 SCMR 1060; Abdul Sattar v. Mst. Sardar Begum and 12 others 1992 SCMR 417; Karim v.…

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