INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN versus MUHAMMAD AYUB
Section 39 Civil Procedure Code (v. 1908), A. XXI, RR 89, 90, 91 and XXXIV, R13 Transfer of Property Act (IV of 1882), Section 78 for sale of mortgaged property to recover debt Issuance of the sale certificate in favor of the buyer paying the whole sale price and upon his delivery of the possession to the applicant to withdraw his sale order such as a mortgage of the applicant Was praying The buyer of the property, after purchasing the property through the court, had paid the price as the buyer and was delivered to him. Such order of sale cannot be refunded because any act of the court No one should be injured by The applicant had a registry mortgage charge on the property even before the pledge holder's equivalent mortgage, through which the deck holder committed a gross negligence. The relevant sub-registrar failed to inquire whether such property was free of any encumbrance or not, the decree holder was not entitled to resign the mortgage before the sale to the applicant. Such a mortgage application was accepted in the circumstances
Related judgments — Karachi High Court Sindh, 2009
