Law: Transfer of Property Act (IV of 1882)

Section: 54 , 118 , 115

Transfer of Property Act (IV of 1882)--- ----Ss. 54 & 118---Civil Procedure Code (V of 1908), S.115---Plaintiffs purchased land from vendor/defendant through registered sale-deed-- Subsequently, defendants inter se entering into exchange transaction in respect of land in question, through unregistered document of exchange---Courts below, on plaintiffs suit. declaring them as owners through purchase and granting them relief by decreeing their suit---Validity---No suit was filed to cancel sale-deed executed in favour of plaintiffs---Exchange of land claimed by defendants was arranged long after the vendor defendant had divested himself of land in question; and as such he had no land to offer in exchange of land of other defendant---Exchange of land, however, could only be completed in a manner provided for the transfer of such property by provisions of Transfer of Property Act 1882---Exchange claimed on the basis of unregistered document was of no effect---Courts below on appreciation of evidence having recorded concurrent findings of fact, same could not be interfered with in revisional jurisdiction. G.M. Qureshi for Petitioners. Naseem Farooqui for Respondents. Date of hearing: 4th March, 1990. JUDGMENT This application under section 115, C.P.C. has been riled to impugne the judgment passed on 30-4-1979 by the District Judge, Badin, in Civil Appeal No.25 of 1978, whereby the appeal tiled by Applicants Haji Muhammad Suleman and Mehmood has been dismissed. The facts giving rise to the present application briefly stated are that respondents Ghulam Muhammad, Jam Khan and Allah Bachayo had filed a suit for declaration and permanent injunction in respect of certain agricultural lands against the two present applicants in the Court of Senior Civil Judge, Hyderabad. Their suit was registered as   1st Class Suit No.154 of 1974 in that Court. The plaintiffs claimed that agricultural land in all measuring 79-11 Acres, situated in the Deh Khanah, Tapo Khairpur, Taluka Tando Bago, as described in Schedule `A' annexed to the plaint, was purchased by them through two registered sale-deeds executed on 16-1-1971. by Haji Muhammad Suleman, one of the two defendants.…