Law:

Section:

(a) Transfer of Property Act (IV of 1882)--

---- S. 54 --- Manual of Office Procedure of the House Building Finance Corporation, 1976 Edn., Vol. 1, Instruction No.57 --- Transfer of loans/quarter in contravention of S.54, Transfer of Property Act, 1882 and Instruction No.57, Manual of Office Procedure of House Building Finance Corporation was not competent in law --- Authorities could at best decide such cases at the risk of the transferee on admitted facts --- Where facts were disputed, Authorities would refrain from deciding such cases and refer parties to have their dispute decided by a competent Civil Court; otherwise they would not only be usurping the powers of a Civil Court but also depriving the Provincial Government of their legitimate right to receive fees recoverable on registration of such documents --- Original alottee having revoked his general power of attorney and having recorded objections in mutation proceedings before the Authorities they ought to have declined transfer of the quarter in question, which was being transferred on basis of such power of attorney --- Transfer of loans, quarter or plot by the Authorities where it was already leased out to alottee in accordance with law could only be effected by the consent of the original a lottee---Transfer of quarter having not been made with consent of a lottee was not valid.

(b) Civil Procedure Code (V of 1908)