Law: Transfer of Property Act, 1882

Section: 54

(a) Transfer of Property Act (IV of 1882)--- ----S. 54---Suit for recovery of sale consideration---Agreement---Proof of---"Sale"---Essential ingredients---Mutation---Scope---Contention of plaintiff was that defendant had not paid all the consideration amount of suit property and impugned sale mutation was null and void---Suit was decreed concurrently---Validity---Plaintiff had alleged non-payment of sale consideration of suit property and had relied upon an agreement---Defendant had not specifically denied the said agreement in his written statement---Plaintiff had not only exhibited the alleged agreement but had also produced its scribe, marginal witnesses, notary public and stamp vendor---Defendant was required to prove the payment of entire sale consideration but he had failed to produce any witness in that regard---Statement of defendant with regard to payment of consideration amount was self-contradictory---Defendant had not come in the Court with clean hands and was not a truthful witness---Plaintiff was still in possession on the suit property and defendant had failed to prove the payment of sale consideration---Essential ingredients of "sale" were missing and there was no sale in the eye of law---Mutation was not a title deed and it did neither confer any title nor take away any right---Transfer of suit property in favour of defendant and impugned sale mutation as well as registered deed had automatically became null and void---Trial Court had decreed the suit with regard to recovery of outstanding sale consideration and had declared impugned mutation null and void despite the fact that plaintiff was entitled to any one of the two reliefs---Impugned mutation being void one could not sustain legally, in circumstances---Decree to the extent of recovery of outstanding sale consideration was set aside and findings to the extent of declaration of impugned mutation as null and void were maintained---Revision was disposed of accordingly. Ali Muhammad v. Chief Settlement and Rehabilitation Commissioner 1984 SCMR 94; Muhammad Moizuddin and another v. Mansoor Khalil and another 2017 SCMR 178; 2017 CLD 1459; Muhammad Shafi and others v. Allah Dad Khan PLD 1986 SC…

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