| Citation(s) |
|---|
| 1993 SLG 1214 1993 SLD 1214 1993 PLD 688 |
Lahore High Court
C. Ms. Nos. 229-L and 322-L of 1993 in C.O. No. 37 of 1986, decided on 27th June,1993
ZIA MAHMOOD MIRZA, J
Bashir Ahmad for Petitioner (in C.M.No. 322/L of 1993). Sh. Elisan Ahmad for Petitioner (in C.M.No. 229/L of 1993)
C. Ms. Nos. 229-L and 322-L of 1993 in C.O. No. 37 of 1986, decided on 27th June,1993
ZIA MAHMOOD MIRZA, J
Bashir Ahmad for Petitioner (in C.M.No. 322/L of 1993). Sh. Elisan Ahmad for Petitioner (in C.M.No. 229/L of 1993)
MALL DEVELOPERS (PVT.) LIMITED through Director er
VS
JOINT OFFICIAL LIQUIDATORS MILLY LEATHER INDUSTRIES LTD. (Under Liquidation) --Respondent
Law:
Section:
Civil Procedure Code (V of 1908)-- ---- 0. XXI, R. 94 --- Certificate of sale --- Where sale of immovable property had become absolute, certificate of sale could be issued by Court only to auction purchaser in whose favour sale was confirmed by Court and not to third party --- Auction-purchaser wanting to transfer such property in the name of another person can do so through a proper sale-deed executed and registered in accordance with law and not by getting his name substituted in the certificate of sale --- Court had no power either to cancel the sale certificate competently and validly issued to auction-purchaser or to issue a fresh certificate of sale to a third party --- Only a deed of conveyance could be executed in favour of nominee of auction-purchaser, sale certificate was not the same thing as the deed of conveyance --- Sale certificate however, was not a title deed but only evidence of title which, thus, would not require to be stamped or registered. ORDER C.M.322/1, of 1993 It appears that the copy of the application was not supplied to the J.O.L. It has been delivered to him today in Court. He will submit the report on the next date of hearing. To come up on 5-7-1993. C.M.No.229/L of 1993 Humayun Akhtar Butt, one of the Directors of M/s. Mall Developers (Pvt.) Ltd. has filed this application for issuance of certificate of sale/Sanad-e-Sultani in the name of Mall Tenneries and Leather Works (Pvt.) Ltd., Karachi. Facts relevant for the disposal of this application briefly are that the Mall Developers (Pvt.) Ltd. gave the bid of Rs.6 millions for the purchase of entire assets consisting of land, building and machinery etc. of M/s. Milly Leather Industries, the company under liquidation. This being the highest bid/offer was approved by this Court vide order dated 6-11-1989. The purchaser/bidder paid the entire bid amount whereupon sale of the assets aforementioned was approved by this Court on 29-5-1990 with the direction that "possession of the property sold shall be delivered to M/s. Mall Developers" and the Joint Official Liquidators shall take final steps for the transfer of title to them. It appears that the auction-purchaser requested on…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492