Law: Transfer of Property Act (IV of 1882)

Section: 53-A

(a) Custom Customary law or riwaj amongst Baluch tribes in Baluchistan-Not very clear-Frontier policy laid down by Sir Robert Sandeman Instructions or Circulars (contained in Green Book) for guidance of Political Agents in the matter-Do not have the force of law--Such instructions or Circulars, Courts would be reluctant to apply when ever they are found violative of rules of natural justice. Mehrab Khan v. Taj Muhammad and others P L D 1961 Quetta 1 (b) Transfer of Property Act (IV of 1882) Act may not be in force in an area yet principles contained is Act are followed as rules of justice, equity and good conscience. Where the Transfer of Property Act is not in force its provisions as to matters of principle are nevertheless followed as rules of justice, equity and good conscience. Bhagwan v. Banyadi 1902 P R 85 and Ganda Singh v. Secretary of State 1521 C 231 ref. (c) Transfer of Property Act (IV of 1882) S. 53-A-Provisions do not create any title in favour of transferee but transferee's right of possession is protected-Principles contained in S. 53-A applicable as a rule of justice, equity and good conscience even where Act is not in force. Under section 58-A of the Transfer of Property Act the equitable doctrine of Part Performance had been made applicable. This section does not create any title in favour of the transferee. The title still continues to vest in the transferor, but on an equitable principle the transferee's right of possession is protected as against the transferor or person claiming through him. This principle of part performance can, therefore, be applied as a rule of justice equity and good conscience even where the Act itself is not in force. Date of bearing : 15th April 1975.                                                                                                                             JUDGMENT MUSHTAK ALI KAZI, J.…