259/2005 H.C.A Bashir Akhtar (Deceased) (Appellant) V/S Y.R. Enterprises & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam, Hon'ble Justice Ms. Sana Akram Minhas(Author)
Order Date: 15-JUN-26
Qanun-e-Shahadat Order, 1984 - Articles 102 & 103 - Contractual consideration recorded in written sale agreement cannot be varied by unsupported oral assertions. Transfer of Property Act, 1882 - Section 41 - Bona fide purchaser for value - Sale consideration proved to have emanated from Appellant - Protection unavailable to a transferee whose consideration has proceeded from another???s funds. Trusts Act, 1882 - Section 82 - Resulting trust - Property acquired in name of another using Appellant???s funds - Beneficial interest follows consideration - Restitutionary relief granted. Enhancement of damages to ensure complete restitution and prevent wrongdoers from benefiting - Should reflect present reality not historical values - Compensation must account for prolonged deprivation appreciation in property value, inflation, and time value of money.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.