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MUHAMMAD KHAN versus FAZAL MUHAMMAD


The Property Act 1882 has been charged with transfer of immovable property worth Rs. 100 from transfer of section 54 and 118 constitution of Pakistan (1973), Article 185 (3), to such transaction as registered under section 54 and 118. Can be applied only through , The Exchange of Property Act, 1882 applies to this case; Variations on the basis of alleged oral exchange were illegal; the provisions of Sections 54 and 118, the application of the Transferred Property Act 1882 were applied to the Punjab as per the notification of the Punjab Government. had gone. 12 1974, under which the exchange of immovable property over value of 100 rupees can be registered only through notification after 11 197 1978, although before that the notification dated 17 12 1974 was canceled and Transferring to sections 54 and 118, the Property Act, 1882, in their application was restricted to those areas which fall only in municipalities and notified areas, yet not under the NT notification 22 11 1978. Prejudice did not work so as to confirm the transfer, which was incorrectly dated due to which it was first reported on October 12, 1974. Oral exchange transactions were reported in the field prior to 12th 1974 and, in such cases, such transactions were void in the absence of formal documents for transfer of immovable property through formal exchange. No exception from the government, therefore, cannot be reached by the High Court decision which upheld this view.

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