Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: House Building Finance Corporation Act, 1952

Section: 30

Civil Procedure Code (V of 1908)-------S. 12(2)---House Building Finance Corporation Act (XVIII of 1952), S.30---Judgment and decree challenged on ground of fraud and misrepresentation---House was mortgaged with House Building Finance Corporation---Respondent had failed to pay mortgage money, Corporation filed petition under S.30 of House Building Finance Corporation Act, 1952, which was decreed---Petitioners had filed application that said decree was passed on the basis of misrepresentation and fraud---Petitioners claimed that they had purchased said house through registered sale-deed; and that at the relevant time no entry of registered mortgage deed was found in the Revenue Record---Petitioners had failed to bring out the misrepresentation or nature of the fraud having been committed while passing impugned decree---Effect---Registered deed had got the presumption of correctness while Revenue Record had got no such presumption---If the entries had not been made in the Revenue Record, it would not be considered that registered assignment deed and its effectiveness would be evaporated---Petitioners who were purchasing the property had to be careful, cautious and had to examine the record of Registration Office before purchasing the property---Decree passed against the property could not be held to be void or result of misrepresentation or fraud in circumstances. Shafiq Ahmad Malik for Petitioners. M. Shamshir Iqbal Chughtai for Respondent No.1. Date of hearing: 23rd November, 2006. JUDGMENT SH. HAKIM ALI, J.---Through this civil revision, an order, dated 30-7-2004 passed by learned Additional District Judge, Bahawalpur, which had upheld the order/judgment, dated 11-7-1993 passed by Mr. Riaz-ul-Hassan Alvi, the then learned Additional District Judge, Bahawalpur under section 12(2) of the C.P.C. has been challenged. 2. Facts in brief as narrated by the learned counsel and found from the record are that the house in dispute situated in Mauza Bindra, Tehsil and District Bahawalpur was owned by respondent No.2 Khadim Hussain, who had mortgaged it with House Building Finance Corporation, respondent No.1 on 22-10-1983 through registered assignment deed. As the…

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