Law: Civil Procedure Code (V of 1908)

Section: O.XL,r.1,S.151

Law: Civil Procedure Code (V of 1908)

Section: O.XL,r.1,S.151

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Civil Procedure Code (V of 1908), O.XL, R.1---Receiver, appointment of---Pre-conditions---Defendant claimed to have purchased flat in question from plaintiff and alleged that possession remained with plaintiff as his tenant, therefore, he sought appointment of receiver in respect of flat in question---Validity---Property in question was never in possession of defendant and possession of the same was always with plaintiff either as owner or as tenant---Defendant did not allege preservation, damage and wastage of suit property--Issues were settled and local commissioner had been appointed to record evidence---High Court declined to appoint receiver in respect of flat in question---Application was dismissed in circumstances. Mansoor Ahmed Khan for Plaintiffs. Nadeem Akhtar for Defendant No.1. S. Khizr Askar Zaidi, Asstt. A.-G. for Defendants No.2. ORDER C.M.A. No.6388 of 2008 TUFAIL H. EBRAHIM, J.--- This application has been filed by defendant No.1 under Order XL, rule 1, C.P.C. read with section 151 C.P.C. for appointment of Receiver with full powers in respect of suit property viz. Flat No.F-2/4, 3rd Floor, Maymar Heights, Block 14, Gulshan-e-Iqbal, Karachi; including the power of removing any person(s) acting through on behalf of deceased plaintiff. It is the case of defendant No.1, that he has purchased the suit property from the deceased plaintiff for valuable sale consideration through registered sale-deed on 18-7-2005, the possession of the suit property was not taken and the deceased plaintiff continued to remain in possession of the suit property as tenant of defendant No.1 for which tenancy agreement was executed on 1-8-2005. However, it is the case of the plaintiffs that their father who had filed this suit was the lawful owner of the suit property, he did not sell the suit property to defendant No.1, the possession of the suit property had always remained with the deceased plaintiff and after his death in possession of the legal heirs and defendant No.1 who is an estate agent, fraudulently obtained the sale-deed in his name in the garb of registration of general power of attorney/sub-general…

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