11/2016 II.A. Abdul Aziz (Appellant) V/S Abdul Kareem & others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
11/2016 II.A. Abdul Aziz (Appellant) V/S Abdul Kareem & others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 23-MAY-22
Sale deed of appellant as being enjoyed by appellant cannot be set-aside automatically as the defence of the appellant is protected being buyer without notice of any dispute. As stated above it has to be proved independently through impartial evidence failing whereof the aforesaid provisions of law would protect the title of appellant. Section 27(b) is for enforcing performance against those who acquired title with knowledge of previous agreement/contracts, whereas section 41 of Transfer of Property Act protect title for those who acquired title without knowledge of previous litigation. Since it is a case of cancellation of sale deed I am of the view that section 41 of Transfer of Property Act is more appropriate for its application