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AHMED ZAKI KHOKHAR versus BANK OF OMAN LTD.

Section 18 Civil Procedure Code (VV 1908), A XXI, R 58 Transfer of Property Act (IV of 1882), Section 588F Registration Act (XVI of 1908), Section 17 mortgage equal to execution of bank loan recovery decree During the execution of the order passed by the Banking Court constituted, the appellant filed an objection petition claiming to have been raised by the appellant on the basis of a registered sales deadline as the owner. Was. The mortgage is already known to the bank and cannot be construed under section 588F of the Property Mortgage Transfer Property Act, 1882; valid mortgage, irrespective of registration, is legally created. And although Article 58F of the Transfer of Property Act. 1882, was not exclusively applied to the Punjab, yet the principles of equity were recognizable and valid under which there was no need for law on mortgages made by equitable means, the Registration Act, 1908 Will be registered under Section 17 of the Act when the mortgaged property was purchased during the litigation and a suitably equivalent mortgage was made, as a result the buyer could not defend against the dwarf. Fried buyer's knowledge of the facts and circumstances of the fried buyer's knowledge without knowledge did not apply Appeal was dismissed power of attorney advocate Killa Saifullah lawyer