AKBAR ALI vs KHAIR MOHAMMAD Ss — 2021 CLC 348 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 348 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: AKBAR ALI vs KHAIR MOHAMMAD Ss
Subject matter: Civil
Provisions referred to: S. 5---; S. 54---S; S. 49; S. 54; Muslim Family Laws Ordinance (VIII of 1961); Property Act (IV of 1882); Specific Relief Act (I of 1877); Registration Act; Property Act; Muslim Family Laws Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AKBAR ALI VS KHAIR MOHAMMAD Ss.17 & 49--- Muslim Family Laws Ordinance (VIII of 1961), S.5--- Transfer of Property Act (IV of 1882), S.54---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction--- Document, non-registration of--- Unregistered Nikah Nama--- Plaintiffs/petitioners claimed to be owners in suit property but the stance was controverted by defendants/respondents on the basis of unregistered documents--- Both the Courts below concurrently dismissed suit and appeal filed by plaintiffs/petitioners--- Validity--- Non-registration invalidated transaction altogether and such document could not be looked at in view of the provisions of S.49 of Registration Act, 1908--- Un-registered agreement did not confer any right under S.54 of Transfer of Property Act, 1882, to property--- Registration of marriage per Nikah Nama fully in line with Muslim Family Laws Ordinance, 1961, was a legal and authentic document and any property transferred through such document did not need any further registration--- Neither there was any Nikah Nama nor the property was mentioned in Nikah Nama--- Even dower deed executed much after marriage was not registered as required by Registration Act, 1908--- Unregistered dower deed did not confer any right to defendant / respondent--- High Court set aside concurrent judgments and decrees passed by two Courts below as both the Courts did not correctly appreciate evidence and regarding sale and dower deeds and decreed the suit in favour of plaintiffs/petitioners--- Revision was allowed, in circumstances.

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