2005 PLP 1079 (SCMR)
MUHAMMAD ISMAIL and 5 others — Petitioners Versus BASHIR AHMAD and others — Respondents
| Citation | 2005 PLP 1079 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Falak Sher and Karamat Nazir Bhandari, JJ |
| Parties | MUHAMMAD ISMAIL and 5 others — Petitioners Versus BASHIR AHMAD and others — Respondents |
| Primary Law | Transfer of Property Act (IV of 1882) |
Q1: What are the key laws and sections cited in 2005 PLP 1079 (SCMR)?
This judgment primarily cites: Transfer of Property Act (IV of 1882) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1079 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Falak Sher and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1079 (SCMR) (MUHAMMAD ISMAIL and 5 others — Petitioners Versus BASHIR AHMAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fazal-e-Miran Chauhan, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 3rd March, 2003.
- Fazal‑e‑Miran Chauhan, Advocate Supreme Court and M.A. Qureshi, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the judgment, dated 17-12-1999 of the Lahore High Court, Bahawalpur Bench, Bahawalpur passed in R.S.A. No.334 of 1973).
S. 53-A
Specific Relief Act (I of 1877), S.42
Constitution of Pakistan. (1973), Art. 185(3)
Declaration of title, denial of
Plaintiff claimed to be owner in possession of suit land on the basis of part performance of agreement to sell
Defendant relying on registered sale deed in his favour, contested the suit
Trial Court decreed the suit in favour of plaintiff but Appellate Court dismissed the same
High Court partially decreed the suit in favour of the plaintiff to the extent of protection of possession under S.53-A of Transfer of Property Act, 1882
Protection to a person holding property under incomplete transaction of sale was provided under S.53-A of Transfer of Property Act, 1882, and the provision had conferred a right to protect the possession
Person holding property under an incomplete transaction could not be equated with a person claiming title on the basis of completed transaction/registered sale deed
High Court had correctly applied the law declared by Supreme Court in case titled Habibur Rehman and another vs. Mst. Wahidania and others reported as PLD 1984 S.C. 424
Leave to appeal was refused. Habibur Rehman and another v. Mst. Wahidania and others PLD 1984 SC 424 and Mst. Akhtar Begum v. Mian Aziz and others 1985 SCMR 1617 ref.
Judgment & Decree
Fazal‑e‑Miran Chauhan, Advocate Supreme Court and M.A. Qureshi, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 3rd March, 2003. KARAMAT NAZIR BHANDARI, J.‑‑‑ Petitioner‑plaintiff filed a suit for a declaration of ownership of suit‑land on the basis of report of Patwari (Exh.P.1) and unsanctioned mutation (Exh.P.2). Respondent No.1 Bashir Ahmad contested the suit on the ground that he had purchased the land through registered sale‑deed (Exh. P.4). After trial, the suit was decreed on 31‑7‑1972 by the Civil Judge, Chishtian. The appeal was dismissed by the learned District Judge, Bahawalnagar vide judgment, dated 23‑7‑1973. The Second Appeal (R. S. A. No.334 of 1973) filed in the Lahore High Court, Bahawalpur Bench was partly allowed. The High Court concluded that the petitioners could not be granted declaratory decree of ownership on the basis of (Exh. P.1. and Exh.P.2). However, they were entitled to protect their possession under section 53‑A of the Transfer of Property Act (IV of 1882) (hereinafter to be referred as "the Act") until the clearance of charge in the sum of Rs.11,
488. Aggrieved; the plaintiffs seek leave to appeal.
2. In support of its view, the High Court has relied upon and followed the judgments of this Court reported as Habibur Rehman and another v. Mst. Wahidania and others PLD 1984 SC 424 and Mst. Akhtar Begum v. Mian Aziz and others 1985 SCMR 1617.
3. Learned counsel for the petitioners has vehemently urged that the view taken by the High Court is not correct and that in the facts and circumstances of this case the petitioners are entitled to the declaration of ownership, as prayed by them.
4. This contention is devoid of force. Section 53‑A of the Act only provides protection to a person holding the property under an incomplete transaction of sale. The provision confers a right to protect the possession. A person holding property under an incomplete transaction cannot be equated with a person claiming title on the basis of A completed transaction/registered sale‑deed. The High Court seems to have correctly applied the law declared by this Court in (Habibur Rehman's) case.
5. No ground for interference has been made out. Resultantly, this petition is dismissed and leave is refused. M.H./M‑784/S Petition dismissed.