| Citation(s) |
|---|
| 1975 SLG 3277 = 1975 SLD 3277 = 1975 PLD 870 |
Court of Special Judge, Karachi
Suit No. 248 of 1969, decided on 9th June 1975.
Presented By: I. Mahmood, J.
Halsbury's Laws of England, Third Edn., Vol. I, Art. 350, p. 146 rel. Mansoorul Arfin for Plaintiff. S. S. Hamld for Defendants Nos. 1 and 2 (absent). Abdul Aziz A. Munshi for Defendant No. 3.
Suit No. 248 of 1969, decided on 9th June 1975.
Presented By: I. Mahmood, J.
Halsbury's Laws of England, Third Edn., Vol. I, Art. 350, p. 146 rel. Mansoorul Arfin for Plaintiff. S. S. Hamld for Defendants Nos. 1 and 2 (absent). Abdul Aziz A. Munshi for Defendant No. 3.
THE AUSTRALASIA BANK LIMITED, KARACHI-Plaintiff
VERSUS
MESSRS FARUQUI HOUSE BUILDING CORPORATION LIMITED AND 2 OTHERS-Defendants
Law: Transfer of Property Act (IV of 1882)
Section: 58 (f )
Law: Civil Procedure Code (V of 1908)
Section: O. XXXIV, r. 4
Law: Contract Act (IX of 1872)
Section: 196, 197
(a) Transfer of Property Act (IV of 1882) S. 58 (f )-Mortgage by deposit of title deeds-Title deed in order to constitute mortgage must disclose an apparent title to property in mortgagor or to some interest therein-Sale agreement not showing any title to property in depositor-No lease of plot executed in depositor's favour by Development Authority as required under rules-Sale agreement also allegedly cancelled for non-payment of consideration within stipulated time-No valid mortgage, held, created by deposit of title deeds-Prayer for declaration and prelimi nary decree rejected-Civil Procedure Code (V of 1908), O. XXXIV, r. 4. V. E. R. M. A. R. Chettyar Firm v. Ma Joo Teen and others A I R 1933 Rang. 299 rel. (b) Contract Act (IX of 1872) Ss. 196 & 197-Master and" servant-Ratification-Charge against Bank Manager of making advances without prior approval of Head Office-Plaintiff-Bank although calling for explanation of Manager (not replied to) yet permitting customer to continue to overdraw, debit ing account with interest, neither repudiating loan, nor demanding payment on pronote offered as security but on other hand accepting security documents obtained by Bank Manager, after dismissal of Bank Manager trying to perfect security, and even praying for sale of mortgaged vroperty in suit itself-Plaintiff Bank, in circumstances, held, elected to ratify transaction by conduct and bound by its Manager's act. Halsbury's Laws of England, Third End:, Vol. 25, Art. 894, p. 462 and' Sultan Mahmed Rowther v. Muhammad Esuf Rowther and others A I R 1930, Mad. 476 rel. (c) Contract Act (IX of 1872) Ss. 196 & 197-Master and servant-Ratification of act done by one person on behalf of another-Sections 196 & 197-Not limited to acts of agents-Sections, held, lay down general principles equally applicable to servants, servants generally being master's agents for some purpose-Agency, extent of - Depends, however, on duties and position of servant. Dates of hearing: 8th, 9th and 10th April 1975. …