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Mst. NARGIS BEGUM vs ASFANDIAR S — 2021 YLRN 101 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 101 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
Mst. NARGIS BEGUM vs ASFANDIAR S
Subject matter
Family
Provisions referred to
S. 42---F; S. 5; Family Courts Act (XXXV of 1964)

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. NARGIS BEGUM VS ASFANDIAR S. 42---Family Courts Act (XXXV of 1964), S. 5, Sched.---Suit for recovery of property filed by wife---Suit-property was allegedly gifted to plaintiff's husband by his mother and husband subsequently transferred the same to his wife/ plaintiff---Held, that a person not being the owner of the property could not alienate the same in any manner to any one as no one could transfer a better title than his own--- Vendor could not transfer a better title than that he possessed at the time of transfer---When mother of husband was not the owner of property or for that matter, and petitioner had not been able to prove the ownership of mother-in-law, she could not alienate the disputed house in favour respondent (husband)---Husband-respondent, who had allegedly become the owner of property and later on transferred the same in favour of his wife (petitioner), had not contributed much in petitioner's favour, except submission of cognovit---Respondent (husband) kept himself behind the curtain and waited for the desired result, as per whims and wishes of petitioner (wife), because both seemed to be in league with each other---Constitutional petition was dismissed, in circumstances.

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