Law: Transfer of Property Act (IV of 1882)

Section: 41 , 10 , 11

  Transfer of Property Act (IV of 1882)--- ----S. 41---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11---Cancellation of allotment of land ---Allottee's verified claim found to be bogus---Cancellation order of allotment was upheld uptil the High Court-- Despite cancellation of allotment of land, order of cancellation was not implemented in revenue record and allotted land remained recorded in the name of allottee---Allottee's successors-in-interest sold the land in question, in favour of petitioner---Revenue record was subsequently rectified in terms of cancellation of allotment---Petitioner (purchaser) claiming to be bona fide purchaser for value and claiming protection under S. 41, Transfer of Property Act, 1882---Petitioner could not be termed as bona fide purchaser for value of land in question---Inaction of revenue officials to implement the order of cancellation of allotment of land could not sanctify and infuse life into the non existent acts---Long before the sale of land in favour of petitioner, allottee was divested of his entitlement to hold the land in question ---Allottee being himself not entitled to hold the land in question, his successors could not confer better title on petitioner ---Fraud and misrepresentation nullify the whole basis and any superstructure built on it must fall to the ground and crumble to pieces-- No law can sanctify fraud, forgery and fabrication for building up civil rights on them---In equitable jurisdiction, it would not be appropriate to protect the product of fraud and forgery---Petitioner was, thus, not entitled to protection under S. 41, Transfer of Property Act 1882. Muhammad Yamin and others v. Settlement Commissioner and others 1976 SCMR 489; Mst. Maryam Bcgum v. Ch. Shah Muhammad and others 1976 SCMR 342; Special Duty, Central Record Office and others v. Bashir Ahmad and d9 others 1977 SCMR 208; Bashir Ahmad and others v. Additional Commissioner with Powers of Settlement Commissioner (L) and others 1983 SCMR 1199; Syed Iltaf Hussain Shah v. Dr. Muhammad Din and others PLD 1985 Lah. 380; Manzoor Hussain v. Fazal   Hussain and others 1984 SCMR 1027; Rehman Din v. Chief…