Un-Registered Document to sell

Un-Registered Document to sell

Under section 9 of the transfer of the property Act 1908, documents of agreement to sell does not create any legal title but creates a right to obtain another documents for example registered sale deed. Agreement to sell by itself cannot confer any title on the vendee because the same is not a title Deed. Agreement to sell does not require compulsory registration as held by Hon’able Supreme Court in case of Muhammad yousuf versus Munawar HUSSAIN and five others reported in 2000 SCMR 204 which is as under:

“In this view of the matter the right course for the petitioner would have been to institute a suit for specific performance if at all such agreement was executed. The agreement to sell by itself cannot confer any title on the vendee because the same is not a title deed and such agreement does not confer any propriety right and thus it is obvious that the declaratory decree as envisaged by section 42 of the specific Relief Act cannot be awarded because declaration can only be given in respect of legal right or character. The only right arising out of any agreement to sell is to seek its specific performance and in case the vendee has been put in possession the same is protected under section 53-A of the Act.”

 

Appeal against Dissolution of Marriage

Appeal against Dissolution of Marriage

Section 14(2)(a) of West Pakistan family Court Act 1964 and section 2(iii)(d) of Dissolution of Muslim Marriage Act 1939 that no appeal against decree for dissolution of marriage . Its object to deprive from filing of appeal against the decree regarding dissolution is to shorten the agony and to resolve the controversy expeditiously. Theme behind the proceedings or reconciliation proceedings before and after evidence and taking out of the right of appeal in case of dissolution of marriage by the Family Court is only to settle the matter regarding the marriage of the spouses as early as possible. No right of appeal is provided if marriage was dissolved by the family court however if marriage was dissolve under section 2(iii)(d) of the Dissolution of Muslim Marriage Act 1939 then right of appeal had been awarded before the District Judge. (Ref: 2013 CLC 1203)

International Law of Contract

International Law of Contract

Contact- where a contract is entered into with a foreign national or a foreign company, it is governed by the municipal laws of the country where the contract is executed subject to any special provision to the contrary incorporated in the contract

( PLD 2013 SC 641)

Default Late payment of Rent

Default Late payment of Rent

Section 17(9) Cantonment Rent Restriction Act 1963

No deposit of rent by tenant as ordered by Rent Controller—s tricking off defense—provision of section 17(9) of cantonment Rent Restriction Act 1963 was mandatory in nature and even one day delay in making the deposit would come within the meaning of default and the Rent Controller had no power to extend the time or condone the same. Tenant did not adhere to the direction of the rent Controller and failed to deposit the rent within the prescribed time, Rent Controller had no option but to invoke the penal provision the penal provisions as contained in section 17(9).

(2013 YLR Peshawar 1804)