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. 54---S; Property Act (IV of 1882); Specific Relief Act (I of 1877); Registration Act; 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

ALMAS MANDOKHAIL VS AINUDDIN Ss.17 & 49---Transfer of Property Act (IV of 1882), S.54---Specific Relief Act (I of 1877), Ss.42, 39 & 54---Suit for declaration---Contract for sale---Documents of which registration is compulsory---Effect of non-registration of documents---Scope---Plaintiff filed a suit for declaration, cancellation and permanent injunction on the basis of an agreement---Trial Court decreed the suit whereas Appellate Court dismissed the suit---Validity---Unregistered agreements allegedly executed by one of the defendants in favour of another defendant and that defendant in favour of the father of plaintiff did not per se create any interest in the property much less any title to it---Agreement did not create right of ownership in the suit land rather it only created right to seek specific performance of the terms and conditions of the agreement---Sections 17 & 49 of the Registration Act, 1908, required that any document purporting to create any right, title or interest in a property of the value more than one hundred rupees required compulsory registration---Transfer of immovable property by way of sale could only be through a deed of conveyance (duly stamped and registered as required by law)---Contract of sale which was not registered deed of conveyance (deed of sale) fell short of the requirement of Ss.54 & 55 of Transfer of Property Act, 1882 and did not confer any title, nor transfer any interest in the immovable property---Claim of plaintiff was based on an unregistered sale deed, which did not confer any title in the suit property---Suit for declaration of title on the basis of purported agreements filed by the plaintiff was not maintainable---Judgment and decree passed by Appellate Court warranted no interference---Revision petition was dismissed.

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