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SUNSHINE ENTERPRISES (PVT.) LIMITED versus MESSRS WEST PAKISTAN TANK TERMINAL LIMITED

Transfer of section 573 of the Property Act 1882 to a civil procedure (V8 1908), under section 12 (2), preserving section 53A of the Property Transfer Act, 1882, keeping aside the offer of misrepresentation and collusion. Scope was purchased by the applicants. According to the property from the lender and it was claimed that the borrower and the bank jointly obtained the order from the Banking Court in which the property was declared as mortgaged. The applicant filed the Transfer of Property Act, 1882. Has claimed protection of Section 53A of the Prior to the agreement between the applicant and the lenders, the bank was under mortgage through the submission of the title deed, the responsibility of the bank itself was recognized by the applicants. , Had to show that it performed its part of the contract and was ready and willing to carry out the remainder of the contract where the property was owned by the bank and the applicant did not terminate the bank's obligation, Protection under section 53A of the Transfer of Property Act, 1882 was not available to him and the applicant cannot claim that it was obtained through a false statement. Or the mortgage from the merger will go with the property even though it is separated from the third party. The High Court directed the applicant to pay the undisclosed amount and in case of failure, the Government responsible can process the sale of the property. According to the request dismissed power of attorney advocate Mubarik Pur lawyer