THE EASTERN FEDERAL UNION INSURANCE CO. LTD., KARACHI vs MUHAMMAD — 1971 PLD 671

Citation: 1971 PLD 671

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: THE EASTERN FEDERAL UNION INSURANCE CO. LTD., KARACHI vs MUHAMMAD JUDGMENT

Headnotes

Case cited as PLD 1971 Karachi 671

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title:THE EASTERN FEDERAL UNION INSURANCE CO. LTD., KARACHI vs MUHAMMAD JUDGMENT Reported As: PLD 1971 Karachi 671 Result: Suit decreed Judgment JUDGMENT This is a suit under rules 227 and 233 of the Chief Court of Sind (0. S.) for the sale of a property owned by the defendant bearing Plot No, 114-B, Survey No, 439, Sindhi Muslim Cooperative Housing Society, Karachi. According to the plaint, by a mortgage deed executed on 20th May 1967, the defendant had mortgaged this property in the plaintiff's favour for a loan of Rs, 40,000 which carried interest at the rate of 8% per annum. The defendant had to pay interest to the plaintiff every six months and had to pay the principal amount in ten equal instalments, commencing from 1st June 1968. As he committed default both in the payment of interest and of the instalments for the principal amount, the principal amount and the interest had become due and payable under the default clause in the mortgage deed. The plaintiff has therefore submitted that in the events that have happened and on a proper construction of the mortgage-deed it is entitled to sell the defendant's property. Hence it has filed this suit in which it seeks a declaration that the defendant's property is subject to the mortgage in its favour and a decree for the sale of property under Order XXXIV, rule 4, C. P. C. 2. In his written statement the defendant has denied all the allegations made in the plaint except…

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