MUHAMMAD SARWAR AND Another vs MUHAMMAD ASHRAF — 1971 SCMR 204

Citation: 1971 SCMR 204

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: MUHAMMAD SARWAR AND Another vs MUHAMMAD ASHRAF

Headnotes

Case cited as 1971 SCMR 204

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: MUHAMMAD SARWAR AND Another vs MUHAMMAD ASHRAF Case No.:Civil Petition for Special Leave to Appeal No. 4 of 1971 Regular Second JUDGMENT Reported As: 1971 SCMR 204 Result: Petition dismissed Judgment JUDGMENT M. R. KHAN, J.-The dispute in this case relates to a shop which was originally owned by one Jan Muhammad. This shop was mortgaged by Jan Muhammad in favour of Fazal Karim, the predecessor-in-interest of the petitioners for Rs. 5,000. Subsequently, Jan Muhammad sold the shop to Muhammad Ashraf, the respondent herein for Rs. 25,000 out of which he paid Rs. 20,000 in cash and retained Rs. 5,000 in order to redeem the mortgage. Fazal Karim, the mortgagee having refused to receive the mortgage money, Muhammad Ashraf brought a suit for redemption of the mortgage. Fazal Karim resisted the suit contending that subsequent to the mortgage he purchased the disputed shop to the knowledge of Muhammad Ashraf, the plaintiff of the suit. The trial Court found Muhammad Ashraf to be the purchaser of the shop for valuable consideration, rejected the alleged purchase by Fazal Karim and decreed the suit for redemption. This decree was maintained on appeal. A second appeal taken to the High Court by Fazal Karim was dismissed in limine. The petitioner as legal representatives of Fazal Karim (since deceased) seek special leave to appeal. Muhammad Ashraf purchased the disputed shop for Rs. 25,000 by…

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