Law:

Section:

Transfer of Property Act (IV of 1882)--S. 41---Suit property which was sold was originally purchased by father in the name of his minor sons and the presumption could be that he was the real owner and the sons were benamidars---Property was constructed by the father and was rented out to the tenants by him and rent was paid to him and tenants never denied the title of father and did not attorn to the sons---Purchaser of property was an illiterate Pardahnashin lady and had parted with valuable cash consideration for the suit property---Transfer of property to the lady was finalised through a registered sale-deed of which the sons were presumed to have the knowledge and they did not choose to challenge the sale during long ten years---Suit filed challenging the sale by sons appeared to be collusive between the sons and their father for extracting money from the lady as during the intervening period the prices of immovable property situated in the concerned area had gone up manifold---Held, transfer by father in favour of lady was genuine with the implied consent of the sons and they were estopped to deny the title of the lady in circumstances. JUDGMENT WALI MUHAMMAD KHAN, J .---Through the instant appeal under Article 185(2) of the Constitution of the Islamic Republic of Pakistan, 1973, the appellant Mst. Dilbar Jan has called in question the judgment and decree dated 12-9-1989 passed by a Division Bench of the Peshawar High Court in Regular First Appeal No.20/1984, whereby the appeal filed by Sohrab Khan and others; respondents herein, against the judgment and decree dated 15-4-1984 passed by the Senior Civil Judge, Peshawar, dismissing their suit for declaration and permanent injunction, was accepted and the decree prayed for by them was passed in their favour against the appellant. The brief facts of the case are that Khadim Hussain, respondent No.4 herein and the father of plaintiffs/respondents 1 to 3, sold the suit property vide registered sale-deed dated 14-6-1968 in favour of Mst. Dilbar Jan defendant/appellant. The plaintiffs /respondents 1 to 3 claimed the suit house to be their ownership having been purchased in their name by their father Khadim…

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