Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S. 54---Non-payment of price of sold land and non-delivery of possession of subject-matter of sale---Effect---Payment of price of sold land or its delivery was not necessarily sine qua non for transfer of title from seller to purchaser---Title from seller to purchaser would pass on execution/registration of sale-deed, although purchase money might be wholly or partly unpaid; subject however, to exception where parties to agreement prove that sale would take place only when purchase money was first paid. Sahib Lal v. Bhagwan Das ILR 1888 (VOI.XI) 244; Sagaji and another v. Namdev ILR 1899 (Vol. XXXIII) 525; Baijnath.Singh v. Paltu and others ILR 1908 (Vol. XXX) 125; Narain Das v. Mst. Dhania (Vol. XXXVIII) 154; Bai Devmani v. Ravishankar Oghadbhai 116 IC (1929) 154; Ramdhari v. Gorakh AIR 1931 Pat. 236; Sukaloo v. Panau AIR 1961 Madh. Pra. 171 and Mst. Murrian etc. v. Suleman etc. PLD 1984 SC (AJ&K) 63 rel. Bai Devmani v. Ravi Shankar Oghadbhai 116 Ind. Cas. 236; Sahib Lal v. Bhagwan Das ILR 1888 All. 246; Barkat v. Fazal Elahi 1993 CLC 2400; Muhammad Yousaf Khan v. Government of N.-W.F.P. 1993 SCMR 618; Umedewal Moti Ram v. Deva ILR (1866) 2 Bom. 547 and Ikbal Begum v. Bobind Prasad ILR 3 All. 77 ref. (b) Transfer of Property Act (IV of 1882)-- ----S. 54---Civil Procedure Code (V of 1908), S.100---Qanun-e-Shahadat (10 of 1984), Art.2(1)(c)---Execution of sale-deed through registration---Plaintiff's suit to avoid sale-deed on assertions that consideration was not paid and non-delivery of possession of subject-matter of sale---Courts below decreed plaintiff's suit on said grounds---Validity---Rule of preponderance of evidence was in favour of defendant who had proved payment of specified amount by cheque---Findings of two Courts below on question of non-payment of purchase price to plaintiff manifestly suffered from non-examination of material documentary evidence i.e. payment by cheque---Findings of Courts below were thus, based on misreading or non-reading of evidence, therefore, and decree granted in favour of plaintiff was not sustainable. Makbul Ahmad v. Muhammad Idrees 1966 CLC 30 ref. JUDGMENT 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