Citation Name: 2024 YLR 1803 PESHAWAR-HIGH-COURTBookmark this Case Murrad Ali Khan vs Sarwar Khan S

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Citation Name: 2024 YLR 1803 PESHAWAR-HIGH-COURTBookmark this Case Murrad Ali Khan VS Sarwar Khan S. 41--- Specific Relief act (I of 1877), Ss.42 & 54---Suit for declaration and injunction---Judgment at variance---Factual controversies---Ostensible owner, transfer by---Scope---Respondents/ plaintiffs filed declaratory suit against petitioners / defendants seeking therein perpetual injunction and in alternative possession of the suit property through correction of revenue record--- Suit filed by Trial Court was dismissed but Lower appellate Court allowed the appeal and decreed the suit in favour of respondents/plaintiffs---Validity---Lower appellate Court rightly appreciated evidence and preference was supposed to be given to findings of Lower appellate Court when a different opinion was formed than the Court of first instance in respect of a factual controversy---One of the essential ingredients required for giving benefit of S.41 of Transfer of Property act, 1882 was when original owner gives any express or implied consent or similar representative to the buyer or purchaser---Person from whom petitioner / defendant purchased the property was not in physical possession of property in dispute---Entry as ostensible owner was existing in revenue record but in a case where express or implied consent of other person interested in such property was not available and ostensible owners had also been in physical possession of property in dispute, then transfer by ostensible owners could not be dealt to be protected under S.41 of Transfer of Property act, 1882---Petitioner / defendant could not exhibit reasonable care at the time of purchase, therefore, benefit of S.41 of Transfer of Property act, 1882, was rightly denied to him by Lower appellate Court---High Court in exercise of revisional jurisdiction declined to interfere in judgment and decree passed by Lower appellate Court---Revision was dismissed, in circumstances.

Citation Name: 2024 YLR 1803 PESHAWAR-HIGH-COURTBookmark this Case Murrad Ali Khan vs Sarwar Khan S — 2024 YLR 1803 PESHAWAR-HIGH-COURT

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