SULTAN YOUSAF vs MUHAMMAD SHERIN Ss — 2022 CLC 1690 PESHAWAR-HIGH-COURT

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SULTAN YOUSAF VS MUHAMMAD SHERIN Ss.42 & 54---Transfer of Property Act (IV of 1882), S.53-A---Registration Act (XVI of 1908), Ss.17, 49 & 50---Civil Procedure Code (V of 1908), O.VII, R.11---Rejection of plaint---Principle---Part performance of agreement---Unregistered sale deed---Effect---Petitioners / defendants were aggrieved of concurrent orders passed by two Courts below declining to reject the plaint---Plea raised by petitioners was that unregistered sale deed could not operate to transfer title---Validity---Deed compulsory registerable under S.17 of Registration Act, 1908, could not be given an effect of creating title in immovable property as per S.49 of Registration Act, 1908---Unregistered sale deed was not totally divested of a legal character when possession was also transferred along with execution of sale deed---Certain rights were given under S.53 of Transfer of Property Act, 1882, to a person for protection of possession obtained by him in part performance of an agreement to sell--- Certain rights were also given under S.50 of Registration Act, 1908, to a person in whose favour an unregistered sale deed or agreement to sell was executed---While deciding application filed under O. VII, R.11, C.P.C., contents of plaint and documents annexed therewith should be looked into and if a cause of action was found deciphering therefrom, then plaint should not be rejected---Plaint could not be rejected for the reason of improper frame of suit---If a plaintiff was entitled to one relief but he had prayed for another and contents of plaint disclosed a cause of action, then in such case plaint could not be rejected under O.VII, R.11 C.P.C.---High Court declined to interfere in orders passed by two Courts below---Constitutional petition was dismissed, in circumstances. Head Notes

SULTAN YOUSAF vs MUHAMMAD SHERIN Ss — 2022 CLC 1690 PESHAWAR-HIGH-COURT

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