Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)------S. 5, Sched & S.14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of dower---Suit was dismissed, but Appellate Court partly allowed appeal against of the Family Court holding that though the respondent was not owner of the house which was given in dower to the petitioner at the time of marriage, which earlier stood transferred in favour of mother of respondent, but respondent was bound to pay its price. and that contention of respondent that he had already paid cash amount to petitioner in lieu of price of said house as owner, was not established---Respondent having not challenged findings of Appellate Court qua the house in dispute, said finding which had attained finality was binding on respondent---Omission on part of Appellate Court by not determining the price of house equivalent to its value, could be termed as an accidental slip and same did not render of Appellate Court, either redundant or ineffective---Illegality/ irregularity so committed by Appellate Court was cured/rectified by the High Court in constitutional jurisdiction, holding that; in view of admission by respondent regarding transfer of house in dispute to the petitioner in lieu of dower at the time of marriage, respondent could not be relieved of his liability to pay the price of disputed house, equivalent to its value---Constitutional petition was allowed and by modifying the impugned of Appellate Court, it was declared that petitioner would be entitled to recover the price of house in dispute equivalent to its value from respondent to be determined by Executing Court during executing proceedings. (b) Contract Act (IX of 1872)--- ----Ss. 124 & 12S---Contract of indemnity---Person transferring property under a valid, contract also. impliedly would bind himself to indemnify the transferee of said property against any loss sustained by transferee due to some defective title and a right to indemnify existed in every contract irrespective of any express clause existing to that effect. PLD 1994 SC 294 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional…

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