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Ms. GULNAR vs MUHAMMAD YOUSUF BARAKZAI Ss — 2023 PLD 96 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PLD 96 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PLD
Parties
Ms. GULNAR vs MUHAMMAD YOUSUF BARAKZAI Ss
Subject matter
Civil
Provisions referred to
S. 52---S; S. 52; 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

Ms. GULNAR VS MUHAMMAD YOUSUF BARAKZAI Ss. 8, 39, 42 & 54---Transfer of Property Act (IV of 1882), S. 52---Suit for recovery of possession, cancellation of document, declaration and injunction---Lis pendens, principle of---Applicability---Plaintiff and defendant were wife and husband respectively and their marriage ended in divorce---Plaintiff claimed to be a working lady who had paid half consideration amount to purchase suit property but defendant purchased the same in his name only---Validity---Plaintiff was able to show that she shared 50% sale consideration towards purchasing the suit property---Suit property was sold by defendant during pendency of the suit while he was restrained from selling and/or creating a third party interest in the suit property---Such act of defendant was barred by S. 52 of the Transfer of Property Act, 1882--- Suit property was wrongfully sold by defendant--- Suit was decreed in circumstances.

Other judgments reported in 2023 PLD

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