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MUHAMMAD ZAMAN vs Syed ZAIN-UL-ABIDEEN Ss — 2022 CLC 277 PESHAWAR-HIGH-COURT

Case information

Citation
2022 CLC 277 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD ZAMAN vs Syed ZAIN-UL-ABIDEEN Ss
Subject matter
Civil
Provisions referred to
S. 12; S. 41; Property Act (IV of 1882); Civil Procedure Code (V of 1908); 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

MUHAMMAD ZAMAN VS Syed ZAIN-UL-ABIDEEN Ss.42 & 54---Transfer of Property Act (IV of 1882), Ss. 41 & 54---Civil Procedure Code (V of 1908), S. 12(2)---Judgment and decree maintaining of---Ostensible owner, transfer from---Doctrine of lis pendens---Scope---Applicant purchased suit property from a judgment debtor and sought setting aside of judgment on the plea of bona fide purchaser---Validity---Person acquiring property from a judgment debtor could not claim his right protected under S.41 of Transfer of Property Act, 1882, as a bona fide purchaser---Rights acquired during the course of litigation had to give way to final outcome of the suit---Rights of applicant were subject to final outcome of adjudication which was finalized with judgment passed by High Court in exercise of revisional jurisdiction---Applicant could not challenge that judgment of High Court in his application under S.12(2), C.P.C.---High Court declined to set aside judgment and decree as challenge to the orders of Court could not be raised by a person purchasing property during the course of earlier litigation---Application was dismissed, in circumstances. Head Notes

Other judgments reported in 2022 CLC

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