Syed Shehanshah Raza Hussain Rizvi vs Tariq Nawaz Khan Ss — 2025 YLR 575 LAHORE-HIGH-COURT-LAHORE

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Syed Shehanshah Raza Hussain Rizvi VS Tariq Nawaz Khan Ss. 13(2), 13(3) & 13(4)---Registration Act (XVI of 1908), S.47---Transfer of Property Act (IV of 1882), S.52---Suit for possession through pre-emption---Performance of Talb-i-Muwathibat, Talb-i-Ishhad and Talb-i-Khusumat---Proof---Time from which registered document operates---Scope---Principle of lis pendens---Claim of the respondent/subsequent purchasers was that requisite Talbs were not performed by the petitioner qua the subsequent purchase despite the fact that sale deed was executed prior to performance of all Talbs upon the first purchaser---Plea of the petitioners was that since the sale deed was registered after the performance of the Talbs, therefore, it took effect from the date of its registration instead of execution---Validity---Petitioner allegedly performed the requisite Talbs i.e. Talb-i-Muwathibat, Talb-i-Ishhad and Talb-i-Khusamat before the registration of sale deed executed in favour of subsequent purchasers/ respondents, but admittedly said Talbs were performed after execution of the sale deed---Provision of S.52 of the Transfer of Property Act, 1882, would be attracted only and only when the lis was pending, however, the further sale made by the vendee prior to the institution of pre-emption suit could not be brought within the four corners of lis pendens and such further sale would be a new transaction, thus, the petitioner, if interested in pre-empting the said sale, should have instituted a suit against the latest sale, instead of the previous one---Although the sale deed was incomplete till the formality of registration had been gone through, but once that requirement was fulfilled the sale took effect from the date of its execution, thus, in view of S.47 of the Registration Act, 1908, its application could not be confined only to the parties to the document, rather it equally applied to a third person or for that matter to a pre-emptor---Civil revision was dismissed, in circumstances.

Syed Shehanshah Raza Hussain Rizvi vs Tariq Nawaz Khan Ss — 2025 YLR 575 LAHORE-HIGH-COURT-LAHORE

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