Law: Civil Procedure Code (V of 1908)

Section: O.XLI,R.23

Law: Transfer of Property Act, 1882

Section: 41

Law: Limitation Act, 1908

Section: 142

Law: Specific Relief Act, 1877

Section: 8

(a) Civil Procedure Code (V of 1908)--- ----O. XLI, R.23---Remand of case---Principles---If there is any prejudice caused to any party, then framing of issue and remanding of case may be necessary for administration of justice. Muhammad Yousaf and others v. Haji Murad Muhammad and others PLD 2003 SC 184 ref. (b) Specific Relief Act (I of 1877)--- ----S. 8---Transfer of Property Act (IV of 1882), S.41---Civil Procedure Code (V of 1908), O.XLI, R.23---Suit for possession of immovable property---Purchase from ostensible owner---Additional issue framing of---Defendants sought remand of case after framing of additional issue with regard to purchase of suit property by them in good faith for value in order to take benefit of S.41 of Transfer of Property Act, 1882---Validity---Remanding of case and framing of issue was not necessary, as without framing of issue sufficient material in shape of pleadings and evidence was available on record to decide matter in issue, as the matter could be decided while deciding other issues---Framing of issue and remanding of case was not allowed in circumstances. (c) Transfer of Property Act (IV of 1882)--- ----S. 41---Transfer by ostensible owner---Title of the owner---Scope---Ostensible owner does not mean complete owner without any defect. (d) Words and phrases--- ----"Ostensible"---Meaning. (e) Transfer of Property Act (IV of 1882)--- ----S. 41---Transfer by ostensible owner---Silence of real owner---Effect---When at the time of transfer of property by ostensible owner in favour of any person who is a person claiming title and interest in the property remains silent on that transfer that means that he has impliedly admitted that transfer. (f) Specific Relief Act (I of 1877)--- ----S. 8---Transfer of Property Act (IV of 1882), S. 41---Limitation Act (IX of 1908), Art.142---Suit for possession of immovable property---Limitation---Transfer by ostensible owner---Concurrent findings of fact by the courts below---Suit filed by plaintiff was resisted by defendants on the plea of bona fide purchaser from ostensible owner---Trial Court and Lower Appellate Court concurrently decreed the suit---Validity---According to Art.142 of Limitation…

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