Law:

Section:

(a) Transfer of Property Act (IV of 1882)--S.53-A---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether a person in possession of property purchased through an unregistered document would not be protected on the principle enunciated in S.53-A, Transfer of Property Act, 1882. Habibur Rehman v. Mst. Wahdania and others PLD 1984 SC 424 ref. (b) Transfer of Property Act (IV of 1882)--- ----S.53-A---Registration Act (XVI of 1908), S.17---Defendant in possession of property in question under agreement to sell, whether entitled to protect his possession, which he admittedly acquired on basis of unregistered deed executed by previous owner in his favour before the alleged execution of registered sale-deed in favour of plaintiff---Provision of S.53-A, Transfer of Property Act, 1882 enunciates equitable principle to protect the rights of those purchasers who had entered into agreement and in pursuance thereof, obtained possession of immovable property and had further either performed their part of the agreement or were agreeable to perform the same---Mere non-registration of a deed which required registration, would not deprive such person of the benefit which -he was entitled to protect by virtue of S.53-A, Transfer of Property, Act, 1882---Provision of S.53-A of the Act IV of 1882, although, could not be utilized by a person in possession of immovable property under an unregistered document which was compulsorily registrable as weapon of offence to assert his title over the property, yet it would be a complete defence in answer to a claim of possession by the vendor or any other person claiming through or under him. Mst. Ghulam Sakina v. Umar Bakhsh PLD 1964 SC 456 ref. Taj Muhammad v. Yar Muhammad Khan 1992 SCMR 1265; Kalimuddin Ansari v. Director, Excise and Taxation, Karachi and another PLD 1971 SC 114; Abdullah Bhai and others v. Ahmed Din PLD 1964 SC 106 and Mst. Ghulam Sakina v. Umar Bakhsh and another PLD 1964 SC 456 rel. (c) Transfer of Property Act (IV of 1882)-- ----S.53-A---Registration Act (XVI of 1908), S.17---Plaintiff admitting possession of defendant over property in question, under agreement to sell, at the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492