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UNITED BANK LIMITED versus MST. JAMEELA MUMTAZ


Property Act (IV of 1882), Transfer of Section 46, Sections 57, 69 (4) and 108 Civil Procedure Code (v. 1908), A XXXX, RR 12 and 13 Constitution of Pakistan (1973), Article 185 (3). The sale of the property was already owned by the Karachi Port Trust for sale of the mortgage, the division of the principal property and it was leased to the creditor of the judgment that the petitioner approved in favor of the bank and against the lender of the judgment. During the execution of the decree, the property was auctioned and the dispute arose in connection with the payment of the proceeds from the sale of the property under question. Legislative Legislature clearly protected the obligations and liabilities of mortgaged property under the provisions of Section 69 of the O XXXX, R 13 CPC as well as section 69. ()) The liabilities of the Karachi Port Trust of the Transfer of Property Act, 82 Karachi8282, were included under the provisions of section 77 of the Transferred Property Act, 82 188282, as it relates to the leasing of the property on the said lease and There were charges. Before paying any of the auction proceeds before the payment holder's bank, when there was special supply on a subject and there was also a general arrangement to cover the same area and the matter was covered by both provisions, It would be that the general provisions were not intended to interfere with the provision of special supplies and the matter should be dealt with under the latter provision. The said property of the lease is due to expire and in the absence of a valid lease, the auction question may not arise as the said property cannot be transferred to any valid title, as per the directions of the High Court. Adjust

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