Citation Name: 2023 YLR 299 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR MANZOOR vs NAEEM JAVED O

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Citation Name: 2023 YLR 299 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR MANZOOR VS NAEEM JAVED O. XXI, R. 58---De-attachment of property---Plaintiff filed a suit for recovery against defendant which was ex-parte decreed by the Trial Court---Plaintiff filed execution petition for satisfaction of the decree wherein the suit property was attached by the Executing Court---Appellant filed an objection petition for de-attachment of the property on the basis that he had entered into an agreement to sell with the defendant quo the attached property--- Objection petition was dismissed by Executing Court---Held that, appellant filed suit for specific performance on the basis of agreement to sell which was decreed---Resultantly, possession of the attached property was handed over to the appellant and he filed execution petition for the registration of sale deed---Plaintiff during the pendency of the suit for recovery under O.XXXVII of the C.P.C did not file any application under O.XXXVII, R. 5 of the C.P.C. for the attachment of the suit property---Suit property was attached in June 2012, whereas the suit for specific performance filed by the appellant had already been decreed on 06.04.2012---Plaintiff, as per the judgment and decree of a Court of competent jurisdiction, was no more owner of the suit property, as such, the attachment order could not be made---Record showed that plaintiff also entered into an agreement to sell with the defendant in respect of the suit property on 17.06.2009---In the said agreement it was mentioned that plaintiff had paid ten million rupees as earnest money but surprisingly a cheque was given by defendant to plaintiff of the same amount and on the basis of said cheque plaintiff filed suit under O.XXXVII of the C.P.C---Said mode of transaction suggested that plaintiff was not interested to purchase the land---Agreement to sell in favour of appellant was also prior in time---Defendant filed petition under S.12(2) of the C.P.C. in the suit for specific performance of agreement to sell of the appellant which petition was dismissed by the Trial Court, Appellate Court and the High Court---Said decisions were not challenged any further which had attained finality---Appeal was allowed ,order passed by Executing Court dismissing the objection petition of the appellant was set aside and the objection petition filed by the appellant was accepted, in circumstances---Executing Court was to proceed further in accordance with the law.

Citation Name: 2023 YLR 299 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR MANZOOR vs NAEEM JAVED O — 2023 YLR 299 LAHORE-HIGH-COURT-LAHORE

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