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INAYATULLAH KHAN vs SHABIR AHMAD KHAN S — 2021 SCMR 686 SUPREME-COURT

Case information

Citation
2021 SCMR 686 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
INAYATULLAH KHAN vs SHABIR AHMAD KHAN S
Subject matter
Civil
Provisions referred to
S. 52---T; S. 52; Property Act

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

INAYATULLAH KHAN VS SHABIR AHMAD KHAN S. 52---Transfer of property pending suit relating thereto---Scope---Suit filed by plaintiff seeking specific performance of purported agreement to sell after property already sold by owner to a third party---In such circumstances the sale to the third party could not be defeated by placing reliance on S. 52 of the Transfer of Property Act, 1882 since transfer of property was not done when the suit was pending, but had already taken place---Moreover, the plaint did not state, nor was it established, that the sale to the third party was fraudulent or collusive---Petition for leave to appeal was converted into appeal and allowed and suit filed by respondent was dismissed.

Other judgments reported in 2021 SCMR

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