Citation Name: 2024 PLD 147 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case UMAR FAROOQ vs MUHAMMAD USMAN S

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Citation Name: 2024 PLD 147 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case UMAR FAROOQ VS MUHAMMAD USMAN S. 8---Specific Relief act (I of 1877), Ss. 8, 42 & 54---Suit for possession, declaration and injunction---Operation of transfer---Maxim "res accessoria sequitur rem principalem"----applicability---Concurrent findings of facts by two Courts below---Scope---Petitioners/plaintiffs sought restraining the respondents/defendants from using the street leading to their houses---Suit and appeal filed by petitioners/plaintiffs were dismissed Trial Court and Lower appellate Court respectively---Validity---Provision of S. 8 of Transfer of Property act, 1882 is based on maxim "res accessoria sequitur rem principalem", which means that "an accessory follows the principal things"---Principle underlying section 8 of Transfer of Property act, 1882 is that transferor must not derogate from his own transfer---Rule regarding transfer is that the transferor conveyed all that he was possessed of in the property transferred---Such presumption may be rebutted by use of express words or such words which limit the interest which the transferor intends to convey by necessary implication---Transfer of disputed property to transferees included transfer of everything annexed to it permanently and would get not only disputed property but also easements annexed to it---Petitioners/plaintiffs were transferors of land to respondents/defendants and claimed exclusive right to the exclusion of transferees to pass through subject street on the strength of dominant heritage---Besides petitioners/plaintiffs, their transferees had a legal right to pass through the subject street---High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of facts by two Courts below---Revision was dismissed in circumstances.

Citation Name: 2024 PLD 147 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case UMAR FAROOQ vs MUHAMMAD USMAN S — 2024 PLD 147 QUETTA-HIGH-COURT-BALOCHISTAN

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