MUSLIM COMMERCIAL BANK LTD., DHOLANWAL BRANCH, LAHORE versus MESSRS MM CHICKS THROUGH PROPRIETOR
Section 19 (7) Civil Procedure Code (V8 1908), O XXI, R 100 Auction of mortgage flats was held after the sale of a mortgaged flat for sale and recording of evidence on the respondents' request. It was based on the appellant's registered sale deadline that the sale of the flat to the defendant was timely, therefore, the auction could not be separated as such, the sale process validated by the appellant. Was not able to show from any documentary evidence that the flat which the respondent claimed was the one which was kept in the mortgage by the appellant, the defendant himself was the fat owner, who Was an independent property and could not be sold. The execution and the banking court made the correct decision on the basis of proper reading of the evidence on record was appealed
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