Noora vs Province of Punjab S — 2025 YLR 566 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Noora VS Province of Punjab S.43---Specific Relief act (I of 1877), Ss.42 & 54---Suit for declaration with permanent injunction---Transfer of property by unauthorized person, who subsequently acquired interest in the property transferred---Sale through registered deed of 05-Kanals 6-Marlas by the vendor believing the same to have been inherited from his mother---Vendor according to revenue record was found to be owner of only 03-Kanals and 01-Marla and his ownership was found reduced by 02-Kanals 05-Marlas---Vendor later on inherited 02-Kanals and 13-Marlas from the inheritance of his mother, which was deducted by the revenue functionaries in favour of predecessor-in-interest of the petitioners/defendant---Plaintiffs claimed compensation from the land subsequently acquired by the vendor through the land inherited from his mother---Validity---Provisions of S.43 of Transfer of Property act, 1882 come into play when a person "fraudulently" or "erroneously" represents that he is authorized to transfer certain immovable property for consideration although not so authorized---Such transfer at the option of transferee, operates on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists---Erroneous representation may be innocent and would also cover a situation where the transferor is not even aware of lack of his authority to transfer the immoveable property---Vendor was under obligation to first satisfy the claim of the plaintiffs and thereafter if some land was left, the same was to be alienated to someone else, but in the present case when the vendor got the land from the inheritance of his mother, he sold it on the same day to the defendant---Vendor did not challenge the registered sale deed in favour of plaintiffs before any forum nor there was any record available on file that he compensated them for the deficiency of the land measuring 02-Kanals 05-Marlas---Equity would favour the plaintiffs, who had paid price for 05-Kanals 06-Marlas of land while they were transferred only 03-Kanals 01-Marlas land, thus, the plaintiffs were entitled to be compensated from the property of vendor out of the subsequent alienations made by him after the registered sale deed to make good the deficiency---Civil revision was dismissed, in circumstances.

Noora vs Province of Punjab S — 2025 YLR 566 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 YLR