GHULAM MUHAMMAD vs HAKIM-UD-DIN S — 2023 YLR 1899 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1899 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: GHULAM MUHAMMAD vs HAKIM-UD-DIN S
Subject matter: Civil
Provisions referred to: S. 42---T; S. 41---S; S. 41; 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

GHULAM MUHAMMAD VS HAKIM-UD-DIN S.42---Transfer of Property Act (IV of 1882), S.41---Suit for declaration---Transfer by ostensible owner---Plea of bona fide purchaser for valuable consideration without notice---Suit land was allotted on the basis of claim filed by original allottee after her migration to Pakistan during partition---Dispute had arisen with regard to distribution of land among the parties---Held, that possession of petitioner over suit land was not disputed--- Respondent admitted possession of petitioner with the assertion that he was in possession as a tenant but there was no evidence on record to establish that petitioner was in possession of property as tenant---In view of facts and circumstances of the case as well as record of RL-II wherein land was allotted in two villages in lieu of claim forms submitted by original allottee, authority passed order in question dated 14-02-1981 which was quite justified---Respondent failed to convince High Court that order dated 14-02-1981 passed by authority was against facts and law and not sustainable---One respondent purchased land from other respondents during pendency of litigation as litigation started immediately after sanction of inheritance mutation dated 14-01-1965 of original allottee---Respondent was transferee during pendency of litigation who was aware of litigation, therefore, he could not get benefit of bona fide purchaser without any notice---Protection under S. 41 of Transfer of Property Act, 1882, was not available as suit property was an evacuee property---High Court set aside judgment and decree passed by Courts below against petitioners---Revision was allowed accordingly.

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