Law: Transfer of Property Act, 1882

Section: 52

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

Section: 31

(a) Transfer of Property Act (IV of 1882)--- ----S. 52---Qanun-e-Shahadat (10 of 1984), Art. 31---Suit for pre-emption by pre-emptors/respondents against another respondent was concurrently dismissed on ground of the non-fulfilment of necessary Talbs---Pre-emptors filed revision petition which was decreed after compromise based on written application and oral statement of special attorney of said another respondent being subsequent bona fide purchasers filed application under S.2(2) of Civil Procedure Code, 1908---Held, that said another respondent posing himself as the owner of the suit property moved application for acceptance of the revision petition on compromise while he was not the owner of the suit property as he himself transferred the suit property in the name of present applicant deliberately made false representation and made active concealment of fact from High Court, which amounted to fraud---At the time of decision of the revision petition on the basis of compromise, sad another respondent was not the owner of the suit property and had not possessed any interest in the suit property, therefore, his admission/statement regarding acceptance of the revision had no sanctity in the eye of law also deliberately/knowingly concealed material facts regarding proceedings before Member Board of Revenue---Said revision petition was decided on collusive compromise, therefore, the mutation of exchange sanctioned in favour of one applicant was not hit by the principle of lis pendens were attempting to take advantage of their own fraud through the process of court---Revision petition was allowed accordingly. Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti and others PLD 2011 SC 905; Saleem and another v. Malik Jalaluddin and 7 others PLD 1982 SC 457; Muhammad Ilyas and others v. Muhammad Sharif and others 2001 CLC 1194 and Muhammad Zubair v. Muhammad Tahir Shafique and another PLD 2013 Lah. 154 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Locus standi---Scope---Word ”person” as used in S.12(2) of the Civil Procedure Code, 1908---Interpretation---If the intention of the lawmaker had been to restrict the right of filing application only to…

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