Law: Transfer of Property Act (IV of 1882)

Section:

  Transfer of Property Act (IV of 1882)-- ----(. 38---Condition of completion of construction for the transfer of property---Original allottee after payment of full sale price to the Development Authority had executed agreement for the transfer of the plot in favour of respondent---Effect---Condition of completion of construction imposed by Development Authority for transfer of property would not make the transaction invalid and restrict the passing of title to the respondent. Specific Relief Act (I of 1877)--- ----S.                    12---Part performance, doctrine of---Revocation of   agreement to sell-- Major portion    of    sale consideration was received by allottee of plot and possession was delivered to the vendee ---Effect---Agreement to sell was partly performed and same was not revocable by allottee, on any of the grounds including that plot was not transferable. Transfer of Property Act (IV of 1882)--- ----S. 41---Ostensible owner---Suit property was  owned  by  a firm---One of the partners of the firm, while acting as an absolute owner of the property had given an impression to the buyer that he enjoyed the full authority to sell the same-- Buyer after having taken all precautionary measures and being vigilant had entered into a valid agreement confirming the title in his favour---Other partners of the firm had received the remaining sale price of the suit property and had acknowledged the claim of the buyer---Trial Court decreed the suit in favour of the buyer---High Court in appeal declined interference with the-judgment of Trial Court in circumstances. Tanveer Bashir Ansari for Appellant. Hafiz Saeed Ahmed Shaikh for Respondent No. l   Sardar Muhammad Aslam for Respondent No.2. Muhammad Asad Chaudhry for Respondent No.3. Date of hearing: 16th Februafy, 1998. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--- Three Appeals bearing Nos.29 of 1995, 32 of 1996 and 33 of 1996 filed by Sami-ul-Haq appellant arose out of a consolidated judgment, dated 20-4-1995 passed by the learned Civil Judge 1st Class,…