Section 12 was subject to the mortgage made by the defendant in favor of the bank in which the defendant had advanced loan at the time of execution of the sale agreement for the specific performance of the contract to sell the property. The property of the suit will be exempt from the mortgage which will be returned to the bank by the amount of the loan due, the defendant filed a lawsuit on the failure to transfer and grant the suit property. For the specific performance of the sale contract with the defendant, the defendant was admitted to executing the contract in a written statement to prevent the defendant from separating the property and the amount of the sincerity granted to him by the plaintiff. The recovery was also presented to the court and recorded its statement on hearing the decision of the defendant's suit. There was no objection because it received a balance sale price that instead of refunding the entire loan due to the bank, the trial court was returned instead of conducting a mortgage status inquiry, especially whether it Has been redeemed, so that the money order is passed in favor of the plaintiff so that he is entitled to receive double the amount paid by the defendant, as the defendant has committed fraud. What is because he has no title to sell this suit property unless the bank council has a mortgage for the bank. The entire amount was paid by the defendant and payable to the bank. And this bank had no objection, if the specific performance order was approved in favor of the claimant and the suit against the defendant bank
Related judgments — Lahore High Court Lahore, 2010
