FAIZULLAH vs SENIOR MEMBER BOARD OF REVENUE BALOCHISTAN, QUETTA Ss — 2025 CLC 87 QUETTA-HIGH-COURT-BALOCHISTAN

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FAIZULLAH VS SENIOR MEMBER BOARD OF REVENUE BALOCHISTAN, QUETTA Ss.39, 42 & 54---Contract Act (IX of 1872), S.25(1)(2)(3)---Government property---Dispute over the renewable lease hold rights---Execution of an unregistered lease deed without any consideration and without having any lease hold rights---Effect---Locus standi of the appellant to institute the suit---Property was originally leased out to a private limited company (lessee) by the Deputy Commissioner, Quetta without approval of Government---Lessee sold out all its shares and fixtures on the property to respondent, who while acting as attorney of the company/lessee further executed a deed of transfer and assignment qua the property with possession in favour of the appellant---Instead of renewal of lease, Revenue Department leased out the property for establishment of Government offices---Contention of the appellant was that respondent was the lessee/sub-lessee of the property, thus, the appellant had locus standi to institute suit on the strength of deed of transfer and assignment executed by respondent in his favour---Validity---Deputy Commissioner, Quetta, without approval in advance by the Board of Revenue, Government of Balochistan, was not authorized to lease out the property of the Government of Balochistan, therefore, lease deed had no legal effect---Unregistered lease deed was not a title document and the same was considered to be invalid---Respondent was not the leaseholder of the property, therefore, she could not have transferred the leasehold rights of the property to the appellant---Vendor/transferor cannot pass on to vendee/transferee anything better than he himself has, therefore, it is transferee who has to exercise maximum care before entering into a transaction---Title of a transferee is dependent upon the strength or weakness of the title of his transferor and transferee has to pursue him for any loss suffered---Agreement made without consideration is void under S.25 of the Contract Act, 1872, and in the present case the deed of transfer and assignment did not fall within the ambit of any one of the exceptions provided in subsections (1), (2) & (3) of S.25---Deed of transfer and assignment did not state any stipulation with regard to the amount of consideration paid or promised or part paid and part promised by the appellant to the respondent, therefore, the same was not enforceable in a suit for specific performance instituted by the appellant---Trial Court had rightly held that plaintiff had no locus standi to institute the suit---Lease was renewable after completion of its term, however, the lease was not executed by the Deputy Commissioner, Quetta, with the approval of the Board of Revenue Government of Balochistan, thus, this clause had no legal effect---Regular First Appeal was dismissed, in circumstances.

FAIZULLAH vs SENIOR MEMBER BOARD OF REVENUE BALOCHISTAN, QUETTA Ss — 2025 CLC 87 QUETTA-HIGH-COURT-BALOCHISTAN

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