REHMAT WALI KHAN vs GHULAM MUHAMMAD S — 2023 PLD 506 SUPREME-COURT

Case information

Citation: 2023 PLD 506 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: REHMAT WALI KHAN vs GHULAM MUHAMMAD S
Subject matter: Criminal
Provisions referred to: S. 53-; S. 50

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

REHMAT WALI KHAN VS GHULAM MUHAMMAD S. 53-a---Registration act (XVI of 1908), S. 50(1)---Immoveable property---'Unregistered sale deed'---Circumstances in which unregistered sale deed could be given preference over registered deed---In the present case the appellant/vendor, not only admitted the execution of the sale deed but also admitted the payment of sale consideration; he also admitted that the possession of the suit property had also been delivered in consequence of the sale transaction---Un-registered sale deed could be given preference over the registered one when on the basis of un-registered sale deed possession of the property had also been given---Where a person in favour of whom an un-registered deed qua transfer of certain rights in property had been executed, also had possession of the property, he could legally protect his rights in the property and even a registered deed subsequent in time would not affect his/her rights---First proviso to section 50 of the Registration act, 1908 provided that such rights in the property could be protected under section 53-a of the Transfer of Property act, 1882---When pursuant to the un-registered sale deed, the respondents were put in possession of the suit land in the year 1971, a vested right had been created in their favour, which could not be taken away merely on the basis of technicalities---Suit for declaration and permanent injunction filed by the predecessor-in-interest of respondents was rightly decreed---appeal was dismissed.

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