Law: Transfer of Property Act, 1882

Section: 53A,58,54

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.1

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)--- ----Art.185(3)---Transfer of Property Act (IV of 1882), Ss. 53-A & 58---Leave to appeal was granted to examine whether agreement in question was agreement to sell or a mortgage by way of conditional sale. (b) Transfer of Property Act (IV of 1882)---Ss. 53-A & 58---Agreement to sell---Mortgage by way of conditional sale--­Respondent's property being already mortgaged with appellant, he entered into another agreement with appellant purporting to be an agreement to sell--­Terms of agreement m question showed that same was in fact a clog on the equity of redemption and could not be specifically enforced as an agreement to sell---Such agreement was thus, a mortgage by way of conditional sale. Sh. Shaukat Mahmood on Transfer of Property Act., S, 58; Pomal Kanji Govindji and others v. Vrajlal Karsandas Purohit and others 1990 PSCC 852; Muhammad Kazam through Legal Heirs v. Mst. Janat Bibi PLD 1985 Lah. 637 and Mathura Kurmi v. Jagdeo Singh and others AIR 1927 All. 321 rel. (c) Transfer of Property Act (IV of 1882)-- ----Ss. 53-A & 54---Agreement to sell---Agreement to- sell not maturing into sale---Effect---Where agreement to sell itself was made revocable on payment of the amount advanced within the stipulated time and such a condition fell within the category enumerated in law, the agreement would get assimilated to sale though legally short of it. (d) Transfer of property Act (IV of 1882)--- ----S. 54---Agreement to sell in the absence of sale---Effect---Where agreement to sell itself was made revocable on payment of amount advanced within stipulated time, and such a condition fell within the category enumerated in law, such agreement would get assimilated to sale though legally short of it. (e) Transfer of Property Act (IV of 1882)--- ----S.54---Sale---Word `sale' used in generic sense would include all steps, including agreement to sell, necessary for completing a sale. (f) Words and phrases-- ----`Sale'---Meaning---Word `sale' used in generic sense would include all steps, including an agreement to sell, necessary for completing a sale. (g) Civil Procedure Code (V of 1908)--- ----O.VI, R.1---Pleadings of parties…

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