Law: Transfer of Property Act (IV of 1882)

Section: 52 , 10 , 115 , 42

Transfer of Property Act (IV of 1882)--- ----S. 52---Civil Procedure Code (V of 1908), O. I, R. 10 & S. 115 --- Specific Relief Act (I of 1877), S.42---Suit for declaration and injunction relating to land---Interim order not to transfer the same was also issued by Trial Court-- During pendency of suit and currency of temporary injunction order, land in question was purchased by intervenors who, on their application to be impleaded  in  suit,  were  impleaded  as defendants---Validity---No permission from Court was obtained  before  purchasing  property  in question---Transaction of sale having taken place during pendency of suit was, thus, hit by provision of S.52, Transfer of Property Act, 1882, therefore, no right had accrued to the intervenors-- Discretion of Court to implead any person as defendant or plaintiff was exercisable only for purpose effectual and complete adjudication of all questions involved in suit---Presence of intervenors for adjudication of suit was not essential as controversy involved in suit could be resolved in their absence-- Intervenors were, thus, neither necessary nor proper party to suit filed by plaintiff---Impugned order of Trial Court whereby intervenors were impleaded as party to suit was set aside in circumstances. Aman Enterprises, Kotli Loharan v. Messrs Rahim Industries Pakistan Ltd. and another PLD 1988 Lah. 717; Abdul Saeed Khan and 2 others v. Basharat Ali and 13 others PLD 1995 Lah. 255; Muhammad Yousaf and others   v. Muhammad Younas and others 1995 CLC 1780; Rustam Ali and 2 others v. Haider Bukhsh and another 1988 CLC 779; Mst. Ghulam Fatima and others v. Rahim Bakhsh and others 1988 SCMR 250; Abdur Rauf and others v. Abdur Rahim Khan, Advocate PLD 1982 Pesh. 172; Asghar Ali v. State 1991 SCMR 151 and Mst. Sant Kaur v. Teja Singh AIR 33 Lah. 142 ref. M.A. Hayee Khan for Petitioner. Malik Aslam Saif and Mian Muhammad Aslam for Respondents Nos.9 to 11 Abdul Karim Bhutta, A.A. -G. Date of hearing: 11th March, 1998 JUDGMENT The suit is pending with regard to the land measuring 780 Kanals, 1 Marla which the petitioner claims to be owned by him exclusively. The suit has…