2007 PLP 192 (CLD)
HABIB BANK LTD. — Appellant Versus Messrs SHARIA HABIB CORPORATION through Proprietor and 8 others — Respondents
| Citation | 2007 PLP 192 (CLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | HABIB BANK LTD. — Appellant Versus Messrs SHARIA HABIB CORPORATION through Proprietor and 8 others — Respondents |
Q1: What are the key laws and sections cited in 2007 PLP 192 (CLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 192 (CLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 192 (CLD) (HABIB BANK LTD. — Appellant Versus Messrs SHARIA HABIB CORPORATION through Proprietor and 8 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Tahir Atiq Paracha for Respondent No.3.
- Shahid Ikram Siddiqui for Respondents Nos.5 to 9.
Headnotes / Summary
Ss.9, 19 & 22
Property owned by respondent (3) having been attached, respondents (5 to 9) filed objections against said attachment, contending that respondent (3) had surrendered his share in the suit property in favour of their predecessor-in-interest
Question of title in respect of attached property could not have been summarily decided by Executing Court
Document had to be produced and proved in accordance with law, to be considered for decision of the matter--High Court, allowing appeal, set aside the impugned order with the result that objection petition filed by respondents (5 to 9) would be deemed to be pending before the Banking Court
Executing Court would frame appropriate issue arising out of said pleadings and after recording evidence of parties, would decide the matter within prescribed period of time.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
In execution of a money decree passed in favour of the appellant and against the respondents Nos. 1 to 4, inter alia, Property No.237-A Block, Muslim Town, Lahore stated to be owned by respondent No.3 party was attached. Respondents Nos. 5 to 9 filed objections against attachment. According to them, respondent No.3 had surrendered his share in the suit property in favour of their predecessor in interest namely Kh. Muhammad Suleman. The application was allowed by learned Judge Banking Court-II, Lahore on 24-6-2006.
2. Learned counsel for the appellant contends that admittedly respondent No.3 had acquired the said property along with Haji Kh. Muhammad Yaqub and Mst. Hanifan Begum by means of a registered document. The said objections claimed extinguishment of said title and creation of title in their said predecessor. This question could not have been decided without recording evidence. Learned counsel for the respondents Nos. 5 to 9, on the other hand contends that the said fact stood established through documents placed on record.
3. We have gone through the available record with the assistance of the said learned counsel for contesting parties. We do find that the question of title was involved and it could not have been summarily decided by the learned Executing Court. The documents had to be produced and proved in accordance with law, to be considered for decision of the said matter. The F.A.O. accordingly is allowed, and the impugned order, dated 24-6-2006 inasmuch it pertains to said Property No.237-A Block, Muslim Town, Lahore is set aside. Result would be that the objection petition filed by respondents Nos.5 to 9 shall be deemed to be pending before the learned Judge Ranking Court-II, Lahore. Learned Executing Court shall frame appropriate issue arising out of the said pleadings and after recording evidence of the parties, decide the matter within the prescribed period of time. No orders as to costs. A copy of this order to be remitted to the learned Judge Banking Court-II, Lahore, immediately. H.B.T./H-39/L Appeal allowed.