| Citation(s) |
|---|
| 1994 SLG 1123 1994 SLD 1123 1994 CLC 132 |
Sindh High Court
Second Appeal No. 32 of 1984, decided on 13th July, 1993.
ABDUL RAHIM KAZI, J
S. Madad Ali Shah for Appellant. Aijaz Ali Hakro for
Respondent
Second Appeal No. 32 of 1984, decided on 13th July, 1993.
ABDUL RAHIM KAZI, J
S. Madad Ali Shah for Appellant. Aijaz Ali Hakro for
Respondent
MUHAMMAD YOUSIF
VS
Syed WALI MUHAMMAD SHAH through his Legal Heirs
Law:
Section:
(a) Transfer of Property Act (IV of 1882)--- ----(. 54---Registration Act (XVI of 1908), Ss. 17 & 49---Unregistered document of sale---Effect---Agreement---Contents---Contents of document showed that it was not an agreement of sale but a completed contract of sale--Agreement of sale would require a promise to do something or would contain some provision for compliance of certain acts in future; agreement in question, however, showed that entire transaction was complete---Such agreement being of the value of its subject-matter more than Rs.100 would require registration---Consequence of non-registration of such document would be that it would not be received in evidence. (b) Transfer of Property Act (IV of 1882)--- ----S. 53-A---Agreement of sale would not create any vested right. (c) Transfer of Property Act (IV of 1882)--- ----Ss. 53-A & 54---"Agreement of sale" and "sale-deed "----Distinction--Effect---Agreement of sale would require a promise to do something or would contain some provision for compliance of certain acts in future, whereas entire transaction was completed in case of a sale-deed in question---Sale-deed of the value of more than Rs.100 would require registration when it would convey a completed sale---Agreement of sale, however, would not create any vested right and would not be received in evidence. (d) Qanun-e-Shahadat (10 of 1984)--- ----Art. 2 (1) (c)---Evidence---Appreciation of---Suit for possession and compensation relating to property in question---Plaintiff's evidence did not show his entitlement to property in question or that he was ever in occupation of same---Witnesses produced by plaintiff belied his contention that he was ever in possession of property---Plaintiff, thus, failed to prove either his claim to ownership or his entitlement on basis of possession---Plaintiff was not found entitled to claim property in question. Malik Riaz Ahmed and others v. Mian Inayatullah and others 1992 SCMR 1488 ref. JUDGMENT This second appeal arises out of concurrent findings of the two Courts below. Briefly the facts are that the present appellant had filed Civil Suit No.194 of 1971 against the respondent and one Syed Qutb Ali Shah…
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