| Citation(s) |
|---|
| 2010 SLG 2616 2010 SLD 2616 2010 CLD 1 |
Lahore High Court
Execution Application No.14-B of 2007 in C.O.S. No.4 of 1994 and C.M.As. Nos.29-B of 2008 and 24-B, 25-B of 2009, decision dated: 6-03-2009.
SYED HAMID ALI SHAH, J
Munawar-ul-Islam for Applicant (In C.M. No. 29-B of 2008). Sardar Qasim Ahmad Ali for Applicant (In C.M. No. 27-B of 2008 and C.Ms. Nos.24 and 25-B of 2009). Tariq Saleem Sheikh for Decree-holder.
Execution Application No.14-B of 2007 in C.O.S. No.4 of 1994 and C.M.As. Nos.29-B of 2008 and 24-B, 25-B of 2009, decision dated: 6-03-2009.
SYED HAMID ALI SHAH, J
Munawar-ul-Islam for Applicant (In C.M. No. 29-B of 2008). Sardar Qasim Ahmad Ali for Applicant (In C.M. No. 27-B of 2008 and C.Ms. Nos.24 and 25-B of 2009). Tariq Saleem Sheikh for Decree-holder.
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN through Attorney--Applicant
VS
. KHALID AZIZ MALIK and 6 others
Law:
Section:
(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S.18---Qanun-e-Shahadat (10 of 1984), Arts.17(2)(a) & 79--Money decree, execution of---Sale of mortgaged house--Objector claimed to be owner of a portion of such house on basis of oral gift made by -debtor, who could not mortgage same in favour of the decree-holder (Bank)---Proof--Gift Deed produced by objector was not signed by marginal witnesses; that date of its execution had been changed by overwriting; that a sentence regarding delivery of possession of gifted house had been added between the lines; that same was written on plain paper; that same contradicted applicant's assertion that gift t was made orally as donor expressed his intention of making gift through such deed; that same spoke of gift of whole house, while a portion thereof had been sold through registered sale-deed prior to execution of gift deed; that same suffered from defect of uncertainty for not specifying gamed portion of house; and that signatures of ¬debtor/executant thereon did not resemble and tally with his signatures on plaint and other documents available on record---Objector's application was silent as to place, time, date and names of witnesses of gift---Such gift deed was inadmissible in evidence for not having been attested by two witnesses--Objector had made petition with sole object to defeat decree and deprive decree-holder to realize decretal amount and prolong litigation--High Court dismissed objector's application in circumstances. Alflah Bank Limited v. Naima Saeed 2005 CLD 375; Shehryar Ali Tippu and 3 others v. Messrs Decora Furnisher PLD 1985 Kar. 47; Safeer Ahmad alias Muhammad Shafique v. Abdul Rashid and another 1992 CLC 1896; Abdul Ghaffar and 6 others v. Ghulam Jahan and 5 others PLD 1975 Pesh. 12; Moulvi Abdullah and others v. Abdul Aziz and others 1987. SCMR 1403; Anwar Sultana and others v. Pakistan Cooperative Housing Ltd. PLD 1964 W.P. Kar. 116; Ghulam Sakina v. Umar Bakhsh and others PLD 1964 SC 456; Irshad Bibi v. Muslim Commercial Bank through Manager and 3 others 2003 CLD 46 and Muhammad Saleem v. Allied Bank of Pakistan 2003 CLD 280 ref. (b) Islamic Law--- ----Oral…
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