Law: Registration Act, 1908

Section: 17

Law: Specific Relief Act, 1877

Section: 12,39,42,54

(a) Registration Act (XVI of 1908)--- ----S.17---Registration of document---Principle---When document creates an interest in property, such document requires compulsory registration. Bank of Oman Limited through Attorney v. M.Y. Malik, Co. and 2 others 2004 CLD 490 and Messrs Eagle Star Insurance Co. Ltd v. Messers Usman Sons Ltd. and others PLD 1969 Kar. 123 rel. (b) Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance of agreement to sell---Title passing of---Pre-condition---Such suit if decreed, passes no title to decree holder till such time that a registered sale deed is executed in implementation of decree. Muhammad Ishaq v. Muhammad Siddique PLD 1975 Lah. 909 rel. (c) Specific Relief Act (I of 1877)--- ----Ss.39, 42, 54---Suit for cancellation of document, declaration and injunction---Limitation---Fraud, knowledge of---Proof---Appellant / plaintiff sought cancellation of registered sale deed executed in favour of respondent / defendant on the plea that it was not executed by her mother and was a result of fraud---Suit was filed 23 years after registration of sale deed and that too after the death of mother of appellant / plaintiff---Validity---Mother of appellant / plaintiff sold the property during her lifetime, number of alienations took place thereafter which she never challenged despite having knowledge of the transactions---Mother of appellant / plaintiff was fully conscious that property was lawfully sold by her in favour of respondent / defendant who subsequently lawfully sold it in favour of other buyers thereafter---Appellant / plaintiff as an heir had no locus standi to file the suit as transactions and documents were not challenged by her mother during lifetime---Suit instituted after 23 years was time barred and that the yarn spun by appellant / plaintiff to lay explanation for late institution was proved to be false---Trial Court analyzed the evidence in proper perspective---High Court declined to interfere in and decree passed by Trial Court as findings recorded did not suffer from misreading and non-reading of evidence or from any error of law or jurisdiction---Appeal was dismissed, in circumstances. Abdul Haq and…

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