Law: Transfer of Property Act, 1882

Section: 119

Law: Transfer of Property Act, 1882

Section: 119

Transfer of Property Act (IV of 1882)-------S. 119---Specific Relief Act (I of 1877), S.8---Suit for possession---Mutual exchange of 100 Kanals of land each by plaintiffs and defendants---Parties took possession of exchanged land and mutations were entered---Subsequently plaintiffs alleged that 10 Kanals of exchanged land was found less during consolidation process so they filed suit for possession claiming land of their own choice---Validity---No evidence was on record that exchanged land was less in area---Defendant's objection with regard to competency of suit found favour with the Court in review because section 119 of Transfer of Property Act, 1882 takes effect subject to agreement to the contrary---Perusal of record revealed that there was no contrary intention appearing from terms of transaction---In absence of an agreement to the contrary assuming that there was a shortfall depriving plaintiffs of a part of property received by them in exchange the plaintiffs could have claimed compensation or at their option restoration of their entire land to them i.e. rescission of the agreement of exchange but they were not entitled to claim possession of land of their own choice---Such claim was not warranted under any provision of law. Haji Muhammad Shah v. Sher Khan and others PLD 1984 SC 294 distinguished. Malik Noor Muhammad Awan for Petitioners. Nemo for Respondents. Date of hearing: 27th November, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 30-5-1984 the petitioners filed a suit against the respondents. In the plaint, it was stated that the parties effected an exchange vide Mutation No.772 attested on 13-4-1968 whereby the petitioners gave 100 Kanals, 6 Marlas of land in Chak No. Rai Chand, Tehsil Chiniot and the respondents gave 104 Kanals, 19 Marlas of land in the same village. The land given by the respondents comprised, inter alia, of Khasra No.1177/489, the area whereof was recorded in the Revenue Record as 24 Kanals, 12 Marlas but, in fact, it measured 14 Kanals, 12 Marlas and as such 10 Kanals of land less was given. When the consolidation process started, the said Khasra number was measured and the petitioners came to know about the said shortfall.…

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