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MST. RUKHSANA BUTT versus JUDGE, BANKING COURT

Section 19 Civil Procedure Code (VV 1908), O XXI, R 58 Transfer of Property Act (IV of 1882), Section 41 and 52 apply the doctrine of Les Pendens to mortgage property during the lodge of suit filed by the Bank. The appellant filed an objection during the sale execution proceedings, on the basis that the mortgaged property was sold to him by the owner and the protection of Section 41, Transfer of Property Act, 1882 was available to him. According to the bank, an equivalent mortgage was made by submitting title to the bank. The appellant purchased the property in 1995 1995, when the judgment in the competent court of the case was pending when the sale in favor of the appellant fell under the Lease Lands doctrine because it was contained in section 52 of the Transfer of Property Act Yes, the appellant failed to make it. In the case of his being a better buyer, therefore, he could not secure the Sections 41 of the Transferred Property Act, 1882, the appellant had to be vigilant and must take full care of it. Precautionary measures could not be found on the record to ascertain the power of the transfer that the appellant was required to furnish the original title for his inspection from his transfer even otherwise during the course of this trial the appellant. The transfer made in favor of was targeted at principle. Appellant had no right to protection under Section 41 of the Transfer of Property Act, 1882; the appeals were dismissed in the circumstances. Pakistan, top advocate family court from Chunian lawyer