Law: Civil Procedure Code (V of 1908)

Section: 0.XXI,R.58

Law: Constitution of Pakistan, 1973

Section: 185(3)

Civil Procedure Code (V of 1908)--- ---0. XXI, R.58---Constitution of Pakistan (1973), Art. 185(3)--­Execution of decree-Attachment of property---Receipt of rent, proof of ownership---Petition claimed to be owner of the property attached in execution of decree---No proof was available on the record that the property attached in execution of money decree was owned by the petitioner---No document was tendered in, proof of the claim except receiving of rents---Objection petition filed by the petitioner was dismissed by the Courts below---Validity---Mere receipt of rent of a property did not confer its title on the recipient---Supreme Court declined to interfere with the orders passed by the Courts below---Leave to appeal was refused. JUDGMENT QAZI MUHAMMAD FAROOQ, J.---This petition for leave to appeal is directed against the judgment, dated 8-3-1999 rendered by a learned Judge in Chambers of the Lahore High Court, Lahore in Civil Revision No.317 of 1999. 2. The facts are short and simple. One Muhammad Ali, predecessor-in-interest of respondents Nos. I to 7, had filed a suit against respondent No.8 on the basis of a pronote under Order 37, C.P.C. for recovery of a sum of Rs.69,478. The suit was decreed by the learned Additional District Judge, Depalpur, vide judgment, dated 13-4-1995. The decree was challenged by respondent No. 8 through R. F. A. No. 197 of 1995 which was Admitted to regular hearing on 25-7-1995 by a learned Judge in Chambers of the High Court, In the meantime an execution petition was field by the legal heirs of Muhammad Ali with the prayer that the property of the judgment-debtor mentioned in Fard Taliqa be auctioned for recovery of the decretal amount and satisfaction of the decree. The petitioner filed an objection petition to the effect that the property mentioned in Fard Taliqa was owned by her and the judgment­debtor had no right or interest therein whatsoever. The objection petition was dismissed on 9-2-1999 and the revision petition preferred against that order was also dismissed by the High Court on 8-3-1999. 3. It appears…

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