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FAZAL HAKIM vs BASHIR KHAN S — 2022 MLD 2032 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 MLD 2032 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
FAZAL HAKIM vs BASHIR KHAN S
Subject matter
Civil
Provisions referred to
S. 42---T; S. 55---S; Property Act (IV of 1882)

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

FAZAL HAKIM VS BASHIR KHAN S.42---Transfer of Property Act (IV of 1882), S. 55---Suit for reliefs of declaration, damages, directions, cancellation and injunction was filed by the appellant claiming that he was working abroad since long and used to visit periodically; that he purchased residential plot from the previous allottee; took possession of the said plot; erected boundary wall and gate; that he went back abroad before completion of the lease formalities; that he appointed his friend (private respondent) as attorney authorizing him to complete the said formalities who intimated the same to have been done; that on his return back, respondent avoided to meet him; that on verification of indenture of the lease, he came to know that the lease did not exist in his favour and did not tally with the office record---Validity---Written statements were filed by the official respondents denying therein that any title document, produced by the appellant, was not part of their record and that the same was forged---Appellant, being buyer, was required to make an inquiry about title of the seller in respect of property under sale but did not have done so, as the officials had denied such title---Witnesses produced by the petitioner failed to support sale transaction and payment made by the appellant---Appeal was dismissed accordingly.

Other judgments reported in 2022 MLD

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