ALMAS MANDOKHAIL vs AINUDDIN Ss — 2023 CLC 374 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 CLC 374 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: CLC
Parties: ALMAS MANDOKHAIL vs AINUDDIN Ss
Subject matter: Civil
Provisions referred to: S. 5; S. 53-

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

ALMAS MANDOKHAIL VS AINUDDIN Ss.54, 5 & 53-a---"Sale" defined---Sale how made---Contract for sale---"Transfer of property"---Part performance---Scope---Section 54 of the Transfer of Property act, 1882, provides that a contract for sale of immovable property is a contract that a sale of such property shall take place---Word "convey" in S. 5 of the Transfer of Property act, 1882 is used in the wider sense of ownership---Ownership passes from one person to another only after execution of conveyance---Protection provided under S. 53-a of the Transfer of Property act, 1882 to proposed transfer is a shield only against the transferor in respect of cases falling under S.53-a of the Transfer of Property act, 1882---Said section has nothing to do with ownership of the proposed transferor who remains full owner of the property till it is legally conveyed by executing a registered sale deed in favour of the transferee.

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