MUHAMMAD YOUSAF vs EJAZ HUSSAIN Alias IJAZ KHAN AND Another
This matter concerns a dispute over the sale of land measuring 83 kanals and 12 marlas, initiated by the vendor, Muhammad Yousaf, who sought a declaration that the sale was invalid. Simultaneously, the vendees filed a suit for specific performance. The trial court dismissed the vendor's suit and decreed the vendees' suit, a decision upheld by the first appellate court and subsequently by the High Court in Regular Second Appeals. The core legal question was whether an oral sale of immovable property, potentially violating Section 54 of the Transfer of Property Act 1882, is void and whether the vendor could challenge it on that basis. The Supreme Court affirmed the lower courts' findings, holding that an oral sale, even if technically in violation of Section 54, is not void ab initio and that the defect is curable by subsequent registration to perfect the vendee's title. Furthermore, the Court refused to entertain arguments regarding the admissibility of a handwriting expert's report, noting that the issue was not raised before the High Court.
- Is an oral sale of immovable property void if it violates the provisions of Section 54 of the Transfer of Property Act 1882?
- Can a defect in an oral sale of immovable property be cured by subsequent registration?
- Can a party raise an objection regarding the admissibility of evidence in the Supreme Court if that objection was not pursued in the High Court?
- Section 54, Transfer of Property Act 1882
- Section 53-A, Transfer of Property Act 1882
ORDER
M. S. H. QURESHI, J.-Mutation No. 219 attested on 27-12-1967 recorded the transaction of sale of 83 kanals and 12 marlas of land situate in Mauza Kahinpura. The sale was made by Muhammad Yousaf, in favour of Ejaz and Inam Bari for the consideration of Ra. 12,000. On 18-1-1968, Muhammad Yousaf brought a suit for a declaration that he did not make the sale. A suit was also brought by the vendees for specific performance of the contract of the sale. Both the suits were consolidated and later decided on 24-5-1976, in the result of which the suit of Muhammad Yousaf was dismissed while that of the vendees decreed. Muhammad Yousaf appealed in both the cases but failed. He, thereupon, brought Regular Second Appeals Nos. 884 and 885 of 1976 but the same, too, met the same fate on 17-11-1976. The High Court took the view that as the oral sale had actually taken place, it was not open to Muhammad Yousaf to challenge the same on the ground that it was against the provisions of section 54 of the Transfer of Property Act, because an oral sale, even if in violation of section 54, is not void altogether and the defect is curable by getting a document drawn up and registered to perfect the inchoate title of the vendee. For this, the learned Judge relied on Abdul Karim v. Fazal Muhammad Shah PLD 1967 SC 4112. Muhammad Yousaf has moved these petitions for leave to appeal from the judgments of the High Court.
3. Learned counsel for the petitioner contended before us that the requirement of section 53-A of the Transfer of Property Act was not met inasmuch as the existence of a written agreement is not established. In this connection, he pointed out that the report of the handwriting expert, though on the file, was not allowed to be read in evidence. This grieve an had been raised before the first appellate Court but that Court finding that the handwriting expert had not been called in Court and his report no having been exhibited, held that the trial Court was right in keeping the report out of the ambit of consideration. The grievance was, however, not taken further before the High Court, either in the memoranda of appeal or during the hearing of the arguments. He cannot, therefore, be permitted to raise the point now.
4. No other ground has been made out for justifying an interference. The petitions are, therefore, dismissed.