Law: Transfer of Property Act, 1882

Section: 52

Transfer of Property Act (IV of 1882)-------S. 52---Suit relating to immoveable property---Lis pendens, principle of--Scope---If a suit is dismissed and then restored, the restoration order relates back and a transfer/sale after dismissal and before restoration is subjected to the principle of lis pendens embodied in Section 52 of the Transfer of Property Act, 1882.Ashutosh Roy v. Ananta Ram Bhattacharjee 1919 IC 727 and Muhammad Ashraf Butt and others v. Muhammad Asif Bhatti and others PLD 2011 SC 905 ref.JUDGMENTMUSARRAT HILALI, J.---The instant Civil Appeal by leave of the Court has arisen out of the judgment passed by the High Court of Balochistan in Regular First Appeal No.76 of 2007 filed by Amanullah, Appellant (Defendant No.4 therein) which was dismissed vide impugned judgment dated 15.08.2013.2.    Impeaching the judgment of the High Court, learned counsel for the Appellant contended that the Appellant is a lawful purchaser and occupier of the property-inquestion as at the time of sale transaction Abdul Fateh (Respondent No.7) was the owner who inherited the suit property from his father Muhammad Ibrahim; that the Appellant is a bona fide purchaser having no knowledge of any controversy existed between Respondents Nos.1 to 6 and 7; that the Power of Attorney was executed on 04.04.1990 while mutation No.167 was attested on 08.09.1997 i.e. after two years of the death of Muhammad Ibrahim (landlord) rendering judgments of both the Courts below perverse and illegal; that the Power of Attorney given in trust could not have been used for one's self or relatives. Learned counsel added that the Trial Court as well as the High Court had not properly appreciated the evidence available on record in its true sense and passed the judgments which are not sustainable in the eye of law.3.    Conversely, learned counsel for Respondents Nos.1 to 6 (Haji Muhammad Essa etc.) while opposing the contentions of the learned counsel for the Appellant submitted that Haji Muhammad Essa (Respondent No. 1) purchased the suit property from Muhammad Ibrahim (landlord) who in consideration appointed Respondent No.1 as his lawful attorney…

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