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HOSHIAR ALI versus GHULAM SABIR


Special Relief Act 1877 Section 42 Transfer of Property Act (IV 1882), Sections 41 and 54 Registration Act (XVI of 1908), Sections 17 and 49 Notice No 15246 74/2237 LPV, dated 30 12 1974 Property sale Prior to the declaration, the legitimate shop in the dispute had been transferred to the defendant in favor of the consent by the consent decree, and said that the transfer had separated the shop from the shop in favor of the plaintiff through the registered sale dead plaintiff. It was announced that it was a clear buyer. The shop owner had the respondent, the son of the original owner of the shop, made a voluntary decision from the real owner and challenged the other respondents / seller, later selling the shop through the shopkeeper in favor of the plaintiff. Ali was questioned by the defendants requesting that the shop which was located in the city city cost more than Rs 100 due to the dispute, so the order of consent had to be transferred through registration. The disputed sales contract, which was not made and in accordance with Sections 1Z and 49, Registration Act, 1908, did not have the benefit of the oral transfer of the shop, as it was part of Section 454 of the Property Transfer Act, 1882. Was essentially registered under. The following courts claimed that the sale process was not registered in favor of the plaintiff and the sale thereafter was not valid in favor of the plaintiff. The order under which the consent decree was obtained by the respondent is related to the year 1966. While the provisions of Section 454 of the Transfer of Property Act, 1882, under which the registration of a sale deed was made compulsory, we have notified Notification No. 15246/74/22 through December 12, 1974.

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