SHAKEEL QADIR vs Mst — 2023 MLD 20 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 20 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: SHAKEEL QADIR vs Mst
Subject matter: Civil
Provisions referred to: S. 39---T; S. 54---R; S. 49---C; Property Act (IV of 1882); Registration Act (XVI of 1908); Civil Procedure Code (V of 1908)

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

SHAKEEL QADIR VS Mst. SHUMAILA UMAIR S. 39---Transfer of Property Act (IV of 1882), S. 54---Registration Act (XVI of 1908), S. 49---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for cancellation of un-registered document---Rejection of plaint---Scope---Plaintiff filed suit for cancellation of un-registered document---Validity---No right had accrued to the defendant under the un-registered agreement of sale sought to be cancelled through the High Court---Mere agreement of sale did not confer any right in favour of buyer--- Suit was hit by O. VII, R. 11, C.P.C. as no cause of action could ever accrue to the plaintiff to approach court of law for a decree of declaration and cancellation of same---Plaintiff had filed the suit to harass and coerce the buyer through the frivolous suit and might be to pre-empt a suit for specific performance---Such was clear abuse of process of Court, therefore, the suit was dismissed with costs.

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