Rana MUHAMMAD SALEEM vs MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HORMONY S

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Rana MUHAMMAD SALEEM VS MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HORMONY S. 10---Transfer of Property Act (IV of 1882), Ss. 41, 10 & 11---Validation of certain transfer---Transfer by ostensible owner---Condition restraining alienation---Restriction repugnant to interest created---Scope---Chairman, Evacuee Trust Property Board on filing of reference by the Deputy Administrator treated the suit land as trust property and ordered for its sale---Petitioner, an alleged purchaser of the suit property, claimed that he had purchased the land in question but did not give any information in respect of the sale transaction in his favour---Petitioner had neither appended any alleged title document with the petition nor mentioned any details in that regard---If any person had allegedly transferred the land in question in favour of the petitioner without any title, even then the petitioner had no protection of law---Subsequent purchaser was always saddled with extraordinary responsibility of taking care and caution to deeply scrutinize the genuineness or originality or legality of the title of the vendor before entering into the sale transaction under the principle of caveat emptor subject to incidence of Ss.10 & 11 of the Transfer of Property Act, 1882 and if an infirmity or deficiency subsequently emerged in the title of the vendor that shall always travel with the land and subsequent purchaser was precluded to raise plea of protection under S.41 of the Transfer of Property Act, 1882, rather he had to face consequences of his own negligence for not making a bona fide reasonable investigation into the title of the vendor as required under the principle of caveat emptor---Constitutional petition was dismissed, in circumstances.

Rana MUHAMMAD SALEEM vs MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HORMONY S — 2022 YLR 464 LAHORE-HIGH-COURT-LAHORE

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