NAUSHER vs PROVINCE OF PUNJAB through District Collector, Khanewal S — 2022 PLD 699 SUPREME-COURT

Case information

Citation: 2022 PLD 699 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: NAUSHER vs PROVINCE OF PUNJAB through District Collector, Khanewal S
Subject matter: Criminal
Provisions referred to: S. 41---T; S. 41; 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

NAUSHER VS PROVINCE OF PUNJAB through District Collector, Khanewal S. 41---Transfer by ostensible owner---Protection under S.41 of Transfer of Property Act, 1882---Pre-requisites---Such protection can only be claimed when the following conditions are fulfilled: first, the transferor is the ostensible owner; second, he is so by the consent, express or implied, of the real owner; third, the transfer is for consideration; and fourth, the transferee has acted in good faith, taking reasonable care to ascertain that the transferor had power to transfer.

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