| Citation(s) |
|---|
| 2021 SLG 1576 2021 SLD 1576 2021 YLR 1476 |
Sindh High Court
Suit Nos. 90 and 443 of 2004, decided on 20th March, 2020,Dates of haring: 30th October, 20th November, 5th 12th, 16thand 23rd December, 2019.
ARSHAD HUSSAIN KHAN, JUSTICE
Badar Alam along with Kashif Badar for Plaintiff (in Suit No.90/2004 and for Defendant in Suit No.443/2004).Abdul Qadir Khan along with Syed Nauman Zahid Alvi for Plaintiff (in Suit No.443/2004 and for Defendant in Suit No.90/2004).
Suit Nos. 90 and 443 of 2004, decided on 20th March, 2020,Dates of haring: 30th October, 20th November, 5th 12th, 16thand 23rd December, 2019.
ARSHAD HUSSAIN KHAN, JUSTICE
Badar Alam along with Kashif Badar for Plaintiff (in Suit No.90/2004 and for Defendant in Suit No.443/2004).Abdul Qadir Khan along with Syed Nauman Zahid Alvi for Plaintiff (in Suit No.443/2004 and for Defendant in Suit No.90/2004).
MRS. ANJUM ARAVSSHABBIR A. HALAI
Law: Specific Relief Act, 1877
Section: 12,39,42,54
Law: Transfer of Property Act, 1882
Section: 53-A
(a) Specific Relief Act (I of 1877)--- ----Ss. 12, 39, 42 54---Transfer of Property Act (IV of 1882), S. 53-A---Suit for specific performance of agreement, cancellation of document, declaration and injunction---Part performance---Property documents, non-completion of---Recovery rentals entered into agreement to sell with defendant, who, after making part payment received the possession and constructed building over the same sought cancellation of agreement on the plea that defendant failed to make balance payments in timealso filed suit for specific performance of agreement to sell---Validity---Held, it was obligation of plaintiff as vendor to obtain completion certificate and B-Lease from Defence Housing Authority neither obtained completion certificate nor B-Lease from concerned authorities and as such failed to make out marketable title of property in question---Conveyance deed could not be registered unless B-Lease, which was a document by Pakistan Defence Officers Housing Authority was to grant 99 years lease in favour of allotteeswas put into possession of suit property upon making part sale considerationhad acquired certain rights as after having made investment, defendant put suit property in habitable condition---Possession with defendant was protected in terms of S.53-A of Transfer of Property Act, 1882was not at fault in completing transaction but he had started residing in suit property without making balance sale consideration either to plaintiff or depositing the same in Court, therefore, he was liable to pay rentals of each month---Suit was dismissed accordingly. Anwar Sajjid v. Abdul Rashid Khan and another 2008 YLR 1239; Saeed Naseem Cheema v. Mrs. Rukhsana Khan 2005 YLR 1905; Mst. Bidhai v. Muhammad Suleman through legal heirs 2006 YLR 1520; Muhammad Yaqub v. Muhammad Nasrullah Khan and others PLD 1986 SC 497; Raja Nasir Khan v. Abdul Sattar Khan and another PLD 1998 Lah. 20; Lal Khan through legal heirs v. Muhammad Yousaf through legal heirs PLD 2011 SC 657; Faiz Ahmad v. Muhammad Sharif and 6 others 2005 MLD 298; Rab Nawaz and 13 others v. Mustaqeem Khan and 14 others 1999 SCMR 1362; Ayub Ali Khan and others v. Brif. Gul Sher Khan and others…
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