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Petitioner: VIP HAIDER ESTATE through President and Chief Executive Officer VS Respondent: PICIC COMMERCIAL BANK LIMITED and another
Court Name: Sindh High Court Judge(s): S. A. Rabbani Title:VIP HAIDER ESTATE through President and Chief Executive Officer vs PICIC
COMMERCIAL BANK LIMITED and another Case No.: Suit No,90 and Civil Miscellaneous Application No, 502 of 2002 Date of Judgment:2002-02-07 Reported As: 2002 MLD 952 Result: Application dismissed Judgment ORDER ' The defendant No,2 have advertised sale of some of their property and the defendant No,1 is interested to purchase the same. The plaintiff, who is a broker and commission agent, claims that he had located the property and, for his commission; he has a charge on the property under section 40 of the Transfer of Property Act. ' Mr. Farrukh Zia Shaikh, learned counsel for the plaintiff, submits that since he has a charge over the property for payment of his commission for location of the property, the property cannot be sold to defendant No,1, with whom the plaintiff had an agreement. ' Miss Naheed A. Shahid, learned counsel for the defendant No,1, submits that the plaintiff has no agreement with the defendant No,1 and he has no claim of ownership or any other right in the property in dispute. ' Mr. Rizwan Ahmed, learned counsel for the defendant No,2, submits that they want to sell their property and they have no concern with the plaintiff or his claim. The suit is substantially for recovery of money, which includes the claim of the plaintiff about commission, and, in case the suit is decreed, the plaintiff shall be entitled to the recovery of the commission, claim whereof is included in the suit. ' In these circumstances, the plaintiff has no case, prima facie, for an interim injunction, to interfere with the sale of the property in dispute. The application is dismissed.