Law: Contract, Act, 1872

Section: 29

Law: Transfer of Property Act, 1882

Section: 52,41

Law: Specific Relief Act, 1877

Section: 27(b)

(a) Contract Act (IX of 1872)--- ----S. 29---Transfer of Property Act (IV of 1882), S. 54---Agreement to sell immoveable property---Essential ingredients---Uncertainty and vagueness---Scope---Document in question did not describe the land, its area, the total sale consideration and when the balance of the sale consideration was payable and the transaction to be completed---Such a document did not constitute a contract to sell land, therefore, it would be void for uncertainty in terms of S. 29 of the Contract Act, 1872---Petition for leave to appeal was converted into appeal and allowed and suit filed by respondent was dismissed. Rauf Ahmed Ghori v. Managing Director, Cholistan Development Authority 1998 CLC 1464; Akhtar Aziz v. Shabnam Begum 2019 SCMR 522 and Saidino Khan v Zaibunissa 1991 SCMR 972 ref. (b) Transfer of Property Act (IV of 1882)--- ----S. 52---Transfer of property pending suit relating thereto---Scope---Suit filed by plaintiff seeking specific performance of purported agreement to sell after property already sold by owner to a third party---In such circumstances the sale to the third party could not be defeated by placing reliance on S. 52 of the Transfer of Property Act, 1882 since transfer of property was not done when the suit was pending, but had already taken place---Moreover, the plaint did not state, nor was it established, that the sale to the third party was fraudulent or collusive---Petition for leave to appeal was converted into appeal and allowed and suit filed by respondent was dismissed. (c) Transfer of Property Act (IV of 1882)--- ----S. 41---Transfer by ostensible owner---Scope---Where the transferor was the ostensible owner, the transfer was made by consent express or implied of the real owner, the transfer was for consideration, the transferee acted in good faith and took reasonable care to ascertain that the transferor had power to transfer, he would be entitled to statutory protection under S. 41 of the Transfer of Property Act, 1882---Bona fide purchasers could not be penalized for any fraud or misrepresentation by their predecessors-in-title unless they were pari delicto with their vendors. Officer on Special Duty v. Bashir…

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