Mst. ZARIA BEGUM vs ZAFAR IQBAL O — 2023 CLC 1256 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 1256 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: Mst. ZARIA BEGUM vs ZAFAR IQBAL O
Subject matter: Civil
Provisions referred to: S. 54---E; S. 54; S. 53-A; Property Act (IV of 1882); 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

Mst. ZARIA BEGUM VS ZAFAR IQBAL O.XXI, Rr.26 & 58---Transfer of Property Act (IV of 1882), S. 54---Execution proceedings, stay of---Possession as part performance of agreement---Investigation---Petitioner sought stay of execution proceedings on the plea that she was owner of property intended to be sold in execution of decree---Both the Courts below dismissed application of petitioner without investigating her claim to the property---Validity---Order made by Revisional Court contained no discussion in that regard but merely endorsed the view of lower forum that no investigation was required in terms of O.XXI, R.58, C.P.C. as purported sale agreement did not serve to create any right or interest in the property in favour of petitioner---Orders of the fora below were predicated in that respect squarely on S.54 of Transfer of Property Act, 1882, which clarified that a contract for sale of immovable property could not of itself had created any interest in or charge on such property---Both the lower forums failed to consider the provisions of S.53-A of Transfer of Property Act, 1882,which served to shield possession of property obtained in part performance of a contract of sale---Courts below adopted an overly restricted approach on the touchstone of S.54 of Transfer of Property Act, 1882, while failing to consider the principles otherwise laid down by Courts---High Court in exercise of Constitutional jurisdiction set aside the orders passed by two Courts below and remanded the matter to Executing Court for decision afresh on the application of petitioner---Constitutional petition was allowed accordingly.

Other judgments reported in 2023 CLC

2023 CLC 1510 QUETTA-HIGH-COURT-BALOCHISTANHAFEEZULLAH VS Dr. MUNIR AHMED Gift---Oral gift---Gift in favour of minor---Scope---Gift in favour of minor is not invalid if physical posse…
2023 CLC 685 QUETTA-HIGH-COURT-BALOCHISTANSHAHEEN ALAM VS Mst. BIBI SALMA (Widow) S.278---Petition for letters of administration---Scope---Administration suit in view of the Successi…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence S.1---Recovery of damages---Vicarious liability---Employe…
2023 CLC 1008 KARACHI-HIGH-COURT-SINDHMst. BASHIRA BIBI VS FEDERATION OF PAKISTAN through Secretary, Ministry of Defence Civil liability---Acquittal in criminal case---Effect---E…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION S. 114 & O. XLVII, R. 1---Review---Scope---Courts are vested with the…
2023 CLC 1721 QUETTA-HIGH-COURT-BALOCHISTANMUHAMMAD SAEED VS The CHAIRMAN, BALOCHISTAN PUBLIC SERVICE COMMISSION art.199---Constitutional jurisdiction---Factual controversy---Scope---…

Back to the case-law library · Search Pakistani case law in Urdu or English