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MUHAMMAD RAZIQ SHAH vs DAWOOD SHAH Ss — 2024 CLC 624 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 624 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD RAZIQ SHAH vs DAWOOD SHAH Ss
Subject matter
Civil
Provisions referred to
S. 54; S. 53-

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

MUHAMMAD RAZIQ SHAH VS DAWOOD SHAH Ss. 53 & 54-a---Specific Relief act (I of 1877), Ss. 42, 12 & 54---Suit for declaration, perpetual injunction and possession of the suit-property---agreement to sell---Valid sale transaction---Vendee being possessor---Scope and effect---Four essential elements of valid sale transaction under S. 54 of Transfer of Property act, 1882 (i.e. valid sale agreement, parties to the sale agreement, sale-consideration fixed and paid, and subject-matter of the sale transaction) are to be proved by the vendee ;and in case the vendee have been put in possession, the same is protected under S. 53-a of Transfer of Property act, 1882---appellate Court had rightly reversed the judgment and decree passed in favour of plaintiffs/vendees by the Trial Court which did not warrant interference by the High Court in its revisional jurisdiction---Revision filed by the plaintiffs was dismissed, in circumstances.

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