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Citation Name: 2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAIMAT ALI SHAH vs ANJUM SHAGUFTA S — 2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLC
Parties
Citation Name: 2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAIMAT ALI SHAH vs ANJUM SHAGUFTA S
Subject matter
Civil
Provisions referred to
S. 100---W; S. 100; Property Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 CLC 2052 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case NAIMAT ALI SHAH VS ANJUM SHAGUFTA S.100---Word 'charge'---Meaning and connotation---Creation of 'charge' on the subject house---Non-mentioning of anything in written statement about 'charge'---Divergent pleadings of the tenant---Effect---'Once a tenant is always tenant', principle of---Scope---Charge on an immovable property is created to secure payment of money---In a charge, there is no transfer of any interest in favour of the charge holder, however, he is only entitled to recover his money from the property--- Under S.100 of Transfer of Property Act, 1882, it is expedient that there must be a clear intention to make a particular property a security for the payment of a debt--- Where the property is not intended to serve as a security, there can be neither a mortgage nor a charge---Tenant had not pleaded that he paid the amount to the landlady as a debt and in exchange, the landlady had created a charge on the subject house to secure repayment of the money---Tenant had pleaded contradictory stances of purchase and charge and also admitted title of the respondent and payment of rent, thus, he was neither purchaser of the subject house nor charge holder and was a tenant on the principle that, 'once a tenant is always a tenant'---Appeal was dismissed accordingly.

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