MUHAMMAD ARIF MALIK vs ADDITIONAL DISTRICT JUDGE Ss — 2025 CLC 832 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 832 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: MUHAMMAD ARIF MALIK vs ADDITIONAL DISTRICT JUDGE Ss

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

MUHAMMAD ARIF MALIK VS ADDITIONAL DISTRICT JUDGE Ss. 58 & 100---Mortgagor---Competency to enter with agreement---Mortgagor was not owner of the subject property, thus, was not competent to enter into any agreement of mortgage---Entries in the record pertaining to PT-I in no way confer ownership rights---No one can transfer a better title than what he himself possesses as expressed by the maxim "nemo dat quod non habet"---No mortgage can legitimately be created in respect of property, the title/ownership whereof does not vest in the mortgagor as the mortgagor does not have any explicit authority to create charge upon such property.

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