| Citation(s) |
|---|
| 2000 SLG 118 2000 SLD 118 = 2000 MLD 526 |
Writ Petition No. 11091 of 1999, decided on 5th October, 1999.
Ch. Ijaz Ahmad, J
MEHR BAZ SHAH---Petitioner
VERSUS
UNITED BANK LIMITED, BANK SQUARE, LAHORE through Provincial Head Chief and 2 others---Respondents.
Law:
Section:
Brief facts out of which the present writ petition arises are that Muhammad, Sharif son of Chanan Din imported Toyota Wagon through United Bank Ltd., in terms of Prime Minister's Public Transport Scheme commonly known as Yellow Cab Scheme by taking loan from the United Bank Ltd., R.H.Q., Faisalabad. The vehicle subject-matter of this writ petition i.e. LOK-9483 Engine No.2L-3290327, Model No.93 is jointly owned by Muhammad Sharif and United Bank Ltd. Muhammad Sharif allegedly sold the vehicle in question to one Muhammad Anwar. Muhammad Sharif also handed over registration book and open transfer letter to Muhammad Anwar signed by Muhammad Sharif. Muhammad Anwar sold the vehicle in question to Amanat Khan who sold the same to Abdur Rashid respondent No.3. Petitioner purchased from respondent No. 3 vide an agreement, dated 8-12-1997 for consideration of Rs.4,00,000. Petitioner has paid the aforesaid consideration to respondent No.3 who handed over the possession of the vehicle in question to the petitioner alongwith the original registration book and open transfer letter signed by the original owner Muhammad Sharif. The respondent se8ized the vehicle in question on 26-5-1999 as the instalments dues were not paid by the customer, as the vehicle was legally hypothecated with the Bank. Hence the present writ petition. Learned counsel for the petitioner contended that the petitioner is bona fide purchaser of the vehicle in question and the action of the respondent is without lawful authority as the petitioner purchased the vehicle in question from respondent No.3 after verifying the original registration book and open transfer letter duly signed by the original owner. Petitioner has become owner and his ease is fully covered by the proviso of subsection (1) and section 53 of the Sale of Goods Act which envisaged that the seller lost his right to claim his lien against the second buyer who took the documents for value and in good faith. He further alleged that the sale in favour of the petitioner is complete sale. He relied upon AIR 1914 All. 81. The case of the petitioner is also covered under section 47 of the Sale of Goods Act. He further stated as the…