KHAN BAHADAR vs SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss

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KHAN BAHADAR VS SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss. 8 & 10---Transfer of Property Act (IV of 1882), S. 41---Declaration of property as evacuee trust property---Validation of certain transfers---Transfer by ostensible owner---Scope---Settlement Department allotted a certain piece of land to the allottee who alienated part of it to four others---Assistant Administrator, Evacuee Trust Property, filed a reference under Ss. 8 & 10 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, for declaring the land in question as trust property as well as sought cancellation of allotment in favour of the allottee---Chairman, Evacuee Trust Property Board, passed impugned order declaring the land in question as trust property and also cancelled the allotment of the allottee as well as subsequent sale transactions---Revision petition under S.17 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, was also dismissed---Validity---Subsequent purchasers claimed to be bona fide purchasers of the land in question and sought protection of law---Subsequent purchaser admittedly had derived right from the alleged allottee and had stepped into the shoes of their vendor and were debarred to claim any independent better title than that of their vendor rather they had to soar and sink in same vessel with their vendor and any lacuna or flaw in the title of the vendor emerging after the transaction shall always travel with the property and the subsequent vendee had to suffer for non-holding diligent and stringent microscopic probe into the title of the vendor and had no right or claim against the respondent department, rather could trace their legal remedy against their vendors as such they had no protection under S.41 of the Transfer of Property Act, 1882---Constitutional petition was dismissed, in circumstances.

KHAN BAHADAR vs SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss — 2022 CLC 178 LAHORE-HIGH-COURT-LAHORE

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