| Citation(s) |
|---|
| 1977 SLG 242 1977 SLD 242 1977 PLD 109 |
Supreme Court of Pakistan
Civil Appeals Nos. K-9 and K-10 of 1974, decision dated: 27th July 1976. dates of hearing : 10th, 11th, 16th, 17th, 18th and 19th of March 1976
SALAHUDDIN AHMED, ANWARUL HAQ AND MUHAMMAD AFZAL CHEEMA, JJ
A. K. Brohl, Senior Advocate, Syed Sharif-ud-Din Pirzada, Senior Advocate, Iqbal Kazi, Advocate and R. A. Ghani, Advocate-on-Record for Appellants (in C. A. No. K-9 of 1974).
Respondents Nos. 1, 2, 4 to 8 and 10 to 27 (in C. A. IC-10 of 1974) . Ex parte.
Civil Appeals Nos. K-9 and K-10 of 1974, decision dated: 27th July 1976. dates of hearing : 10th, 11th, 16th, 17th, 18th and 19th of March 1976
SALAHUDDIN AHMED, ANWARUL HAQ AND MUHAMMAD AFZAL CHEEMA, JJ
A. K. Brohl, Senior Advocate, Syed Sharif-ud-Din Pirzada, Senior Advocate, Iqbal Kazi, Advocate and R. A. Ghani, Advocate-on-Record for Appellants (in C. A. No. K-9 of 1974).
Respondents Nos. 1, 2, 4 to 8 and 10 to 27 (in C. A. IC-10 of 1974) . Ex parte.
Malik MUHAMMAD ISHAQUE (REPRESENTED BY His LEGAL HEIRS)--Appellant
VS
Messrs EROSE THEATRE Arts others
Law:
Section:
(a) Stamp Act (II of 1899)-Sched. 1, Entry No. 25 and S. 33 read with Evidence Act (I of 1872), Ss. 65 & 66-Secondary evidence-Rectification of deficiency in stamp-Opposite-party's witnesses allegedly having seen original partnership deed not cross-examined as to value of stamp affixed on original-View of copies tendered as secondary evidence of partnership deed being copies of counterparts or duplicates bearing stamp of correct value, held, correct in circumstances, no question arose of considering whether deficiency !n stamp could be rectified under S. 33 of Stamp Act, 1899 and contents of partnership deed could be proved by secondary evidence.-[Evidence], Rajah of Bobbll v. Inuganti China Sitarasaml Garu 26 I A 262 ref. (b) Registration Act (XVII of 1968) -- S. 17-Words and phrases-Transfer of title-Words "whether in present or in future" occurring in S. 17(1)(b)-Refer not to title or interest of transferor but to right to be created in favour of transferee Essential pre-requisite for application of section: person transferring rights must be in possession of such rights in present and not in future. - [Interpretation of statute ]. An essential prerequisite for the application of section 17 of the:, Registration Act is that the person transferring the rights must be in possession of such rights before he can convey them to the second party. The words "whether in present or in future" occurring in clause (b) of subsection (1) of section 17 have reference not to the title or interest of the transferor, but to the right to be created in favour of the transferee, thus clearly showing that as far as the transferor is concerned, he should be in possession of the rights in the present and not in the future. Imam Bakhsh Khan v. Karim Shah 16 P R 1895 ; Bhan Singh v. Thakur Das 89 P R 1908 and Ramdas v. Nadir Shah A I R 1919 Lah. 60 ref. (c) Registration Act (XVII of 1908). -- S. 17-Compulsory registration-Applies not only in case of transfer or declaration etc. of vested rights but also of contingent rights in immovable property-Vested and contingent interest explained Transfer of Property Act (IV of 1882), Ss. 19 & 21. Compulsory registration applies nit…
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