Case Details

Citation(s)
1993 SLD 744 = 1993 CLC 384
High Court (AJ&K)
Civil Appeal No. 57 of 1991, decided on 17th December, 1992.
Presented By: Before Abdul Majeed Mallick CJ.
Abdul Latif Dutt for Appellant. M.Y. Surakhvi for
Respondent.

MUHAMMAD AYUB --- Appellant

VERSUS

MUHAMMAD GUL ZAREEN---Respondent

Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Transfer of Property Act (IV of 1882)

Section: 53

a. Civil Procedure Code (V of 1908)--- ----S.100---Second appeal---Analysis of evidence on questions of fact led to the conclusion that subordinate Courts rightly concurred in their findings---In absence of material misreading or misconstruing of evidence, such findings warranted no interference in second appeal. Transfer of Property Act (IV of 1882)-- ----S. 53-A---Part performance of agreement of sale---Section 53-A, Transfer of Property Act, 1882 though itself not creating title in the defendant yet would operate as a bar to the transferor or his agent or any person asserting claim on his behalf…
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