Law:

Section:

(a) Transfer of Property Act (IV of 1882)---S.52 Sale mutation attested during pendency of suit Validity ¬Such sale would be hit by doctrine of lis pendens. (b) Transfer of Property Act (IV of 1882) S.52 Sale of property by defendant during pendency of suit ¬Purchaser pendente lite sought dismissal of suit as being time barred ¬Validity Such purchaser would have no locus standi to take up cudgels for defendant vendor and seek dismissal of suit on ground of limitation. JUDGMENT QAZI MUHAMMAD FAROOQ, J. This is a petition for leave to appeal from the judgment dated 16 9 2003 passed by a learned Single Judge of the Lahore High Court, Multan Bench in Civil Revision No. 166 D of 1992. 2. The dispute between the parties relates to the estate of one Wali Muhammad son of Jama1 Din who had died in India before creation of Pakistan and whose mother Mst. Bibi and other relatives had migrated to Pakistan. The claim submitted by Mst. Bibi as the sole legal heir of Wali Muhammad was approved and certain land was allotted to her. Jamai Din, father of Wali Muhammad had two wives Mst. Bibi and Mst_ Saleem Khatoon. He had four daughters Mst. Noor Bano, Fateh Bano, Rani and Fateh Nishan from Mst. Saleem Khatoon and a son Wali Muhammad from Mst. Bibi. Sometime in the year 1981 the legal heirs of Mst. Noor Bano filed a suit for a declaration to the effect that they were entitled to I/6th share out of the estate of Mst. Bibi and Mutations Nos.354 and 355 attested on 30 6 1980 to the contrary were void and ineffective on their rights. The suit was resisted by Mst. Bibi mainly on the ground that her son Wali Muhammad deceased hade gifted his property to her during his life time and also delivered its possession to her, therefore, she was a ful fledged owner of the same and not a limited owner. However, she also contended that Mutations Nos.354 and 355 were illegally sanctioned. The suit was also resisted by Mst. Fateh Bibi, Mst.. Rani and Mst. Fateh Nishan on the ground that it was the outcome of collusion between the plaintiffs and Mst. Bibi. Their standpoint was that Mst. Noor Bano had pre deceased Wali Muhammad and as such was not entitled to any share out of his inheritance. After…

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