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RAJA RIAZ AHMAD KHAN versus UNITED BANK LIMITED


Sections 18 Civil Procedure Code (v. 1908), AXXI, RR 99, 100, 101 and 58 Transfer Property Act (IV of 1882), Sections 53A, 53 and 54 under the auction of immovable auction property mortgage objection The Recovery Objector had contracted with the decedent to purchase the mortgaged property and the alleged property seller / decedent owned the property, in favor of the bank, securing the mortgage as security for the financial benefit it had received. Had done. The redeemed property was still held in mortgage in favor of the Holder Bank to recover the real estate. Permission to sell or purchase the said property was not obtained from the owner of the property at the time of entering into a valid mortgage agreement. Because of the allegation against the property, the property will go with the property and not the relocation of the person transferred to Section 33A, Property Act, Act8282. So, the wrong way was taken, the unqualified ND sold my contract. Generates no valid title or interest of the person, except the property in question, claiming to avail of such contract, has the right to file a specific performance claim. Every transfer of immovable property intended to defeat or delay the claim of the contractual transfer creditors was defeated or delayed by the selection of any creditors. The only exception was obtained under Section 33, Property Act, 82 18, 82 that for the purposes of good faith transfer and consideration, the provisions of O XXI, R 58, CPC shall not be harmed by which the defendants The application was made will not apply to the sale. Mortgaged

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