Mst. NASIBAN BIBI vs THE AUSTRALASIA BANK, LAHORE AND 2 Other — 1970 SCMR 657

Citation: 1970 SCMR 657

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Mst. NASIBAN BIBI vs THE AUSTRALASIA BANK, LAHORE AND 2 Other

Headnotes

Case cited as 1970 SCMR 657

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: Mst. NASIBAN BIBI vs THE AUSTRALASIA BANK, LAHORE AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 81 of 1970 Regular Second JUDGMENT Reported As: 1970 SCMR 657 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-The petitioner purchased the house in dispute from its owner Sh. Muhammad Bashir who had earlier created an equitable mortgage of the same in favour of the respondent- Bank by deposit of the title deed of the site of the house and other documents, including the plan of the house sanctioned by the Sargodha Municipality. The mortgage was effected as a security for over-draft facilities from the Bank by the aforesaid Muhammad Bashir who failed to pay the amount of the over-draft within time, which amounted to Rs. 7,237 and a suit was brought against him for recovery of that amount by sale of the house in dispute. The petitioner who was impleaded as a party, pleaded protection as a bona fide purchaser under section 41 of the Transfer of Property Act. The first Court and the lower appellate Court upheld her plea, but the High Court has rejected it, leading to this petition for special leave to appeal. The basis of the plea of bona fide purchase was that the petitioner and her Mukhtar had seen the entries in the revenue papers pertaining to the disputed house which showed that the site of the house was in the ownership of Bashir free from any encumbrance…

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