Law: Transfer of Property Act, 1882

Section: 54

Law: Specific Relief Act, 1877

Section: 12

Law: Registration Act, 1908

Section: 50(1)

Law: Contract Act, 1872

Section: 37,51,55

(a) Transfer of Property Act (IV of 1882)--- ----S. 54---Contract Act (IX of 1872), S. 55---Agreement to sell immoveable property---Time, essence of the contract---Scope---Generally in a sale of immoveable property, time was not the essence of the contract, unless it was made so. (b) Specific Relief Act (I of 1877)--- ----S. 12---Contract Act (IX of 1872), S. 51---Transfer of Property Act (IV of 1882), S. 54---Specific performance of agreement to sell immoveable property---Scope---Specific performance could be sought by a vendee or vendor who had performed and was ready and willing to perform reciprocal promise. (c) Registration Act (XVI of 1908)--- ----S. 50(1), first and second proviso---Transfer of Property Act (IV of 1882), S. 54---Specific Relief Act (I of 1877), S. 12---Unregistered instrument---Prior in time to registered instrument---Rights of a person, having established that they were equipped with an unregistered instrument, which was prior in time, and were in possession of property in part performance of such instrument, would rank superior even against the subsequent registered instrument. Faza v. Mehr Dia and 2 others 1999 SCMR 837; Mushtaq Ahmed and others v. Muhammad Saeed and others 2004 SCMR 530 and Sardar Arshad Hussain v. Muhammad Zenat Un Nisa 2017 SCMR 608 ref. (d) Contract Act (IX of 1872)--- ----S. 37---Immoveable property---Assignment---Scope---Assignment, in cases relating to immoveable property, took place when one party to an existing contract conveyed all the obligations, rights and interest under the agreement to another person---In such an eventuality, the assignee stepped into the shoes of the assignor and assumed all the contractual rights and obligations flowing therefrom. AIR 1962 SC 1810 at 1817, Paragraph 21 ref. (e) Transfer of Property Act (IV of 1882)--- ----S. 54---Contract Act (IX of 1872), S. 37---Immoveable property---Forward contracts---Forward transferee---Supreme Court observed that it was common usage and custom in real estate, construction and building contract that at, or before the execution of sublease, investors booked the apartments/shops in advance and sold, or transacted, forward sale multiple times,…

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