Section 12 Registration Act (XVI of 1908), Sections 17 and 50 of the Transfer of Property Act (IV of 1882), Section 53A Convention of Evidence (10 of 1984), Arts 115, 118, 119, 126 and 129 (g) Suit for sale Unregistered contract of sale with transfer of occupancy without notice Notice of conditions for the protection of the buyer of the dwarf Fried Courts The courts listed in favor of the subsequent buyer / claimant, although a valid written agreement with the registered sale deed Was proved in favor of the plaintiff, who admittedly had the property of the plaintiff in the suit, nor did he name the shopkeeper, who was his uncle, in the list of witnesses, nor In view of Article 129 (g) of the Evidence Act, 1984, the non-production of the seller will produce a negative signal against the plaintiff that it cannot be considered that there is no notice of action in favor of the defendant. Therefore, they cannot demand better buyer protection. There was no conclusive evidence of defendant's testimony in section 53A of the Transfer Property Act, 1882 (the fact that defendant was in possession of him as a tenant) that the initial burden of proof was on the party Claiming the title to the property in the possession of the defendant, but there may be a shift in the circumstances based on the evidence, while the preparation of the evidence rendered a relief scale where the court based the evidence presented by the parties. Unable to make a decision, the responsibility for the evidence was in favor of the preparation of the evidence that would govern the decision. Applicant / Respondent's request was accepted \ r \ n
Related judgments — Peshawar High Court NWFP, 2014
