Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 118---Exchange of property---Absence of delivery of possession--­Defendant refused such exchange on the ground of absence of delivery of possession---Trial Court decreed the suit while the Lower Appellate Court dismissed the suit---Validity---Absence of transfer of possession was not relevant and a valid exchange could not be cancelled, set aside or declared to be illegal merely on the ground that the part), seeking setting aside of the exchange was not delivered the possession of land given to it under exchange. Ch. Allah Bakhsh v. Karam Ellahi and 4 others PLD 1988 Lah. 419 ref. (b) Transfer of Property Act (IV of 1882)--- --S. 118---"Exchange"---Scope---Absence of transfer of possession--­Effect---Mere absence of delivery of possession could not form basis for holding the transaction of exchange as'illegal. [p. 773] B (c) Words and phrases--- --- "Exchange"---Meaning. JUDGMENT This revision petition is directed against the judgment and decree dated 19-12-1993 passed by Additional District Judge, Sialkot whereby appeal of respondent No.2 Muhammad Amjad Khan was accepted the judgment and decree, dated 3-6-1990 of the Senior Civil Judge, Sialkot was set aside and the petitioners/plaintiffs' suit was dismissed. 2. The relevant facts are that the petitioners were previously owners of land in village Ganjianwali, Tehsil and District sialkot and the respondents/defendant Muhammad Amjad Khan was owner of land in village Bhinder, Tehsil Sialkot. The parties entered into an oral agreement of exchange of their lands with each other. The Mutation No.602 (Exh.P.12) showing the exchange of respondents/defendants' land and of transferring of the same to the petitioner situated in Mauza Bhinder was attested on 25-1-1963 and similarly Mutation No. 1343 (Exh.P.l) of exchange of land situated in Mauza Ganjianwali and of its transfer to respondent/defendant was attested on 13-4-1964. The land situated in Mauza Ganjianwali previously belonging to the petitioner was evacuee in character and was purchased by the petitioners from the allottee through registered sale-deed, registered on 30-6-1962. On 31-5-1964, a note was given on…

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