| Citation(s) |
|---|
| 1953 SLG 26 1953 SLD 26 1953 PLD 388 |
Lahore High Court
First Appeal No. 290 of 1942, decision dated: 18th May 1953, from the decree of Maharaj Kishore, Senior Civil Judge, Shahpur at Sargodha, dated the 23rd July 1942
MUHAMMAD KHURSHID ZAMAN AND B. Z. KAIKAUS, JJ
Bashir Ahmad and Ghulam Abbas Jaffrey for Appellant. Abdul Aziz Khan, Advocate-General for
Respondent
First Appeal No. 290 of 1942, decision dated: 18th May 1953, from the decree of Maharaj Kishore, Senior Civil Judge, Shahpur at Sargodha, dated the 23rd July 1942
MUHAMMAD KHURSHID ZAMAN AND B. Z. KAIKAUS, JJ
Bashir Ahmad and Ghulam Abbas Jaffrey for Appellant. Abdul Aziz Khan, Advocate-General for
Respondent
SULEMAN KHAN---Defendant--Appellant
VS
THE PUNJAB PROVINCE--Plaintiff--Respondent
Law: Transfer of Property Act, 1882
Section: 40,8
Law: Transfer of Property Act, 1882
Section: 40,8
Law: Crown Grants Act, 1895
Section: 2,3
Transfer of Property Act (IV of 1882), S. 40--Notice--Want of--Onus on purchaser--Crown Grants Act (XV of 1895), Ss. 2 and 3. Cases decided under section 8 of the Transfer of Property Act show that a person has notice if it was his duty to make an. enquiry or if there was something to put him on an enquiry which if he pursued he would have learnt truth. The onus of proving want of notice is on the transferee. Section 40 of the Transfer of Property Act enacts that obligations annexed to the ownership of property are enforceable against every transferee except bona fide transferee for consideration without notice of the obligation. The provision is in terms very similar to section 27 (b) of the Specific Relief Act which makes contracts specifically enforceable against a transferee except a bona fide transferee for value without notice. Bhup Narain Singh v. Gokal Chand Mahton and others A I R 1934 P C 68. Where, however, the transfer is governed by the Crown Grants Act, according to sections 2 and 3 of that Act, the grant takes effect according to its tenor. JUDGMENT KAIKAUS, J.---One Malik Gulsher Khan, the predecessor-in-interest of Sulaiman Khan, the sole defendant in the suit out of which the two appeals which are to be disposed ,of by this judgment arise, purchased from the Punjab (government in 1908, a garden site situate in Chak No. 50 Shumali, Tehsil Sargodha, measuring 50 kanals and 15 marlas (the area is now 51 kanals on a re-measurement). In 1929, the sons of Malik Gulsher Khan, who had died in the meantime, sold the land by two transactions to the defendant. The defendant constructed buildings on 8 kanals out of this land during the period from 1930 to 1936. On 31st of January 1942, the Punjab Government filed this suit against Sulaiman Khan, for possession of the whole of the land on the ground that the sale by Government to Gulsher Khar was subject inter alia to the conditions that he will not transfer the land without permission of the Deputy Commissioner till a sale deed had been executed in hip Favour (which has not yet been executed j. and that he will maintain the land as a garden and not build upon it without similar permission, which…
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