PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Mst. REHMAT vs Mst — 2021 SCMR 1534 SUPREME-COURT

Case information

Citation
2021 SCMR 1534 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
Mst. REHMAT vs Mst
Subject matter
Civil
Provisions referred to
S. 12---T; S. 54---S; Property Act (IV of 1882)

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

Mst. REHMAT VS Mst. ZUBAIDA BEGUM S. 12---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of an agreement to sell immoveable property---Rival vendees---Superior right---Scope---Right of a person having established that they were equipped with unregistered instrument, which was prior in time, and were in possession of property in part performance of such instrument, would rank superior even against the subsequent registered instrument---Therefore, in the present case, the position of respondent-vendee being in possession of the suit house, and having paid 80 % of the total sale consideration, much before the time fixed in the sale agreement and much before performance of reciprocal obligations set out under the sale agreement on the part of the vendor, was much stronger than that of the rival vendee; more particularly because the possession of respondent-vendee was specifically admitted---Appeal was dismissed.

Other judgments reported in 2021 SCMR

Back to the case-law library · Search Pakistani case law in Urdu or English