Gulab Khan vs Additional District Judge-III, Quetta S — 2026 MLD 380 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 MLD 380 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: MLD
Parties: Gulab Khan vs Additional District Judge-III, Quetta S
Subject matter: Civil
Provisions referred to: S. 9---T; S. 54---S; S. 53-A; Property Act (IV of 1882); Property Act

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

Judgment text as reported

Gulab Khan VS Additional District Judge-III, Quetta S. 9---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of contract---Possession delivered in part performance---Protection under S. 53-A of the Transfer of Property Act---Scope---Petitioner filed a suit for specific performance of an agreement to sell coupled with permanent injunction, alleging that he had paid the full sale consideration and was handed over physical possession of the property, but the respondent / vendor refused to execute the formal sale deed in his favor---Trial court decreed the suit, but the appellate court set aside the judgment and decree on the ground that the agreement was unstamped, unregistered, and inadmissible in evidence---Validity---Unregistered agreement to sell relating to immovable property of a value exceeding one hundred rupees cannot transfer ownership or create a valid title, but under S. 53-A of the Transfer of Property Act, 1882, such a document can be used as a shield to protect the possession of a transferee who has performed his part of the contract and is willing to continue performing it, even if the document is not registered---Appellate court erred in law by non-suiting the petitioner entirely on the technical ground of non-registration without considering the protection available under S. 53-A of the Transfer of Property Act and the oral as well as documentary evidence led by the petitioner proving the payment of consideration and delivery of possession---High Court set aside the judgment and decree of the appellate court and restored that of the trial court---Revision petition was accepted accordingly.

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