Law: Transfer of Property Act, 1882

Section: 54

(a)    Transfer of Property Act (IV of 1882)-------S. 54---Sale---Defined---Sale means transaction of any land with permanent transfer of title/ownership against payment of price in shape of money---Sale is transfer of ownership of immovable property in exchange for a price paid or promised or partly paid or partly promised---For such transaction, payment of price must be contemplated; same must be followed by delivery of possession---Mere registration of document of sale deed and attestation of mutation in favour of vendee amounts to mature title of vendee which is merely a subsequent event for fiscal purpose or to update official record.Black's Law Dictionary; Muhammad Khuibaib v. Ghulam Mustafa (deceased) through LRs 2020 CLC 1039 and Muhammad Nazeef Khan v. Gulbat Khan and others 2012 SCMR 235 rel.(b)    Punjab Pre-emption Act (IX of 1991)-------Ss. 5 & 13---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Right of preemption---Talb-i-Ishhad, notice of---Proof---Withholding of evidence--Presumption---Respondent/pre-emptor filed suit for possession through preemption which was concurrently decreed in his favour by Trial Court and Lower Appellate Court---Validity---Witness of respondent/pre-emptor neither stated that he was handed over any notice/letter to affect service upon petitioner/defendant nor served the same upon him---Respondent/pre-emptor failed to prove service of notice of Talb-i-Ishhad--- Non-production of acknowledgment receipt (A.D) amounted to withholding of material evidence and such flaw had grave adverse effect on the case of respondent/pre-emptor---Witness of notice of Talb-i-Ishhad was also not produced by respondent/pre-emptor nor any explanation was furnished in that regard, which amounted to withholding of the best evidence and it would be legally presumed that had the witness been produced in evidence, he would have deposed unfavourably against respondent/pre-emptor and presumption under Art. 129(g) of Qanun-e-Shahadat, 1984, would go against him---Respondent/pre-emptor failed to prove service of notice of Talb-i-Ishhad---Both the Courts below committed misreading and non-reading of evidence and…

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