MUHAMMAD AKBAR KHAN vs SULTAN GHANI AND Other — 1970 SCMR 696

Citation: 1970 SCMR 696

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-24

Parties: MUHAMMAD AKBAR KHAN vs SULTAN GHANI AND Other

Headnotes

Case cited as 1970 SCMR 696

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MUHAMMAD AKBAR KHAN vs SULTAN GHANI AND Other Case No.: Civil Appeal No. 11-P of 1966 Date of Judgment:1970-03-24 Reported As: 1970 SCMR 696 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-Mohammad Akbar Khan, appellant, sold 192 kanals and 4 marlas of land situated in village Hathian, District Mardan, to Sultan Ghani, respondent, by a sale deed, Exh. P. X., on the 24th July 1953. Possession was delivered to the respondent, but three months later the appellant forcibly re-entered the land on the plea that the sale price fixed at Rs. 60,000 had not been paid to him. This led to the institution of the suit by the respondent for possession of land out of which this certificated appeal by reason of the value of the subject-matter has arisen. The only ground urged in support of the appeal was that out of the price fixed in the sale deed Rs. 34,000 only were paid to the appellant before the Sub-Registrar and the balance of Rs. 26,000 remained unpaid though an erroneous recital was got incorporated in the sale deed that the amount had been earlier received by him privately. The concurrent findings of the Courts below on the question of payment of consideration are against the appellant. There was dispute as to the identity of the land sold which was resolved by the High Court in favour of the respondent in the counter-appeal filed by him from the…

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