Law:

Section:

(a) Constitution of Pakistan (1973)-­---Art. 185(3)--Transfer of Property Act (IV of 1882), S. 41-Leave to appeal was granted to consider that although petitioner took legal objection before High Court that principles contained in S. 41, Transfer of Property Act, 1882 had no application to the case but High Court failed to notice such contention. (b) Transfer of Property Act (IV of 1882)-- ---Ss. 41 & 53-A--Determination of nature of rights--Invocation of provisions of S. 41, Transfer of Property Act invoked on a misconceived ground--Appeal before Supreme Court argued with reference to S. 53-A, Transfer of Property Act, 1882 which alone was attracted to case-­Framing of and implied finding on issue on ownership partly accounted for misconception with regard to determination of nature of rights. (c) Transfer of Property Act (IV of 1882)-- ---Ss. 53-A & 54--Doctrine of part performance--Object and scope-­Section 53-A, Transfer of Property Act, 1882 gave statutory form to equitable doctrine of part performance and made it part of substantive law of land--Effect of application of S. 54, Transfer of Property Act, 1882 was that sale of land of value of more than one hundred rupees could take place only by instrument in writing and registered in accordance with law--Sale, not satisfying requirement of S 54, held, could not confer unqualified title as owner--Unqualified rights of ownership could not be claimed merely by pleading and proving compliance with S. 53 ignoring altogether provisions of S. 54, Transfer of Property Act, 1882. S.N. Banerji and another v. Kuchwar Lime and Stone Co. Ltd. (in Liquidation) and another AIR 1941 P C 128; Probodh Kumar Dass and others v. Dantmara Tea Co. Ltd. and others AIR 1940 P C 1; Abdul Karim v. Fazal Muhammad Shah PLD 1967 S C 411; Inayatullah and others v. Shah Muhammad and others PLD 1961 Lah. 372 and Pakistan Employees Co-operative Housing Society Ltd., Karachi v. Mst. Anwar Sultana and others PLD 1969 Kar. 474 ref. (d) Transfer of Property Act (IV of 1882)-- ---S. 53-A--Specific Relief Act (I of 1877), S. 42--Requirements for grant of relief of declaration and injunction--Plaintiff having entered into unregistered…

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