| Citation(s) |
|---|
| 1951 SLG 50 1951 SLD 50 1951 PLD 187 |
Lahore High Court
First Appeal No. 185 of 1947, decided on 8th February, 1951, from the decree of Subordinate Judge, 1st Class, Toba Tek Singh, dated the 22nd day of April 1947, dismissing the plaintiffs suit with costs
S. A. RAHMAN AND M. R. KAYANI, JJ
B. Z. Kaikaus, for Appellant. Muhammad Yaqub Ali Khan; for
Respondents
First Appeal No. 185 of 1947, decided on 8th February, 1951, from the decree of Subordinate Judge, 1st Class, Toba Tek Singh, dated the 22nd day of April 1947, dismissing the plaintiffs suit with costs
S. A. RAHMAN AND M. R. KAYANI, JJ
B. Z. Kaikaus, for Appellant. Muhammad Yaqub Ali Khan; for
Respondents
ABDUL AZIZ and an other
VS
GHULAM MUHAMMAD and 3 others
Law:
Section:
(a) Custom (Punjab)-Alienation-Necessity-Act of good management a form of legal necessity-Purchasing other land with proceeds of sale-Representation by vendor to vendee discharges latter's burden. What is regarded as an act of good management is in fact a form of what custom regards as legal necessity. A. I. R. 1937 Lah. 493, ref. Even in cases of sale amounting to good management a mere representation of the object of the sale to the vendee has been sometimes regarded as discharging his burden. A. I. R. 1934 Lah. 452 ; A. I. R. 1934 Lah. 998 ; A. I. R. 1935 Lah. 160. Good management has been regarded only as one form of legal necessity and on principle there is no reason why a vendee should be less favourably situated when dealing with a person who sells his estate as an act of good management than when buying land from a person who sells it with a view to enabling himself to meet the expenses of a daughter's marriage, for he cannot compel the vendor either to perform the marriage or to buy other land. The essence of the vendee's defence lies in the knowledge that he is dealing with an honest man and that what the vendor professes to be the object of the sale is an object recognized by custom. (b) Custom (Punjab)-Alienation-Necessity - Final sale including Previous mortgages-Sale as a whole unchallengable-Mortgages included in it also unchallengable. If the sale as a whole cannot be challenged, its component parts (previous mortgages) are not open to attack. JUDGEMENT M.R. KAYANI, J.----This is a decree in a declaratory suit under custom. The following brief pedigree-table shows their relationship with the vendor and other interested reversioners:---- ISA | -------------------------------------------------------------------------- Ali Sher Vendor Allah Bakhsh Ghulam Farid | | Abdul Aziz | Plaintiff No. 1 | | -----|------------------ Rahim Bakhsh | Ilahi Bakhsh Abdul Karim Plaintiff No. 2. On the 11th April 1928, Ali Sher mortgaged 33 kanals 12 marlas of land for Rs. 560 in favour of Pir Bakhsh, grandfather of the defendants. On the 14th January 1938, Ali Sher. mortgaged the entire land comprising 108 kanals 15 yharlas, including the land which was mortgaged…
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