823/2008 Suit Abdul Karim (Plaintiff) V/S Bilal Atiq & others (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 15-APR-15
(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 2---Money suit---Plaintiff filed suit claiming his charge on the suit property---All the transactions with regard to the suit property by and on behalf of defendant were dubious, mala fide, illegal and contrary to law---Buyer could not have better title than the seller---Plaintiff was entitled of decree to the tune of amount as equivalent to market value of the property on the date of filing of suit---Suit was decreed with specific directions. (b) Transfer of Property Act (IV of 1882)--- ----S. 54---"Sale"---Scope---Mere sale agreement was not enough for transfer of title of immovable property---Transfer of title of immovable property must be through "registered instrument" and not merely by registered power of attorney to act on behalf of owner---"Sale" had to be proved independently by payment of full and final sale consideration---Sale would be incomplete until and unless a full and final sale consideration was paid and receipt thereof was issued separately by the seller. Sarfraz Ahmed and 36 others v. Mst. Sakina Ahmed and 36 others PLD 1985 Journal 121 and Mst. Hussain and 5 others v. Mst. Channo Bi 1990 CLC 1591 rel. (c) Stamp Act (II of 1899)--- ----S. 3---Registration Act (XVI of 1908), S.17(b)---Transfer of Property Act (IV of 1882), S.54---Sale of immovable property through power of attorney---Requirements---Power of attorney was liable to be "duly stamped" with stamp duty to confer power to "sell" on attorney with whom seller had also entered into an agreement of sale---Amount of stamp duty on such power of attorney should be equal to the stamp duty required for registration of "conveyance deed". (d) Stamp Act (II of 1899)--- ----Preamble---Scope---Stamp Act, 1899 was purely fiscal statute and violation of the provisions of Stamp Act, 1899 would entail penal consequence---Compliance of the Act was must for protection of revenue.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.